Liberals have protested the presidency of Donald Trump since the night he won it. Now that he is President, they are continuing their fight against a Constitutionally-elected President.
On Monday, Trump’s first full business day in office, The Huffington Post reported that Citizens for Responsibility and Ethics in Washington (CREW) filed a lawsuit against Trump in federal court.
The suit claims that Trump is in violation of the Constitution because he did not completely divest his business interests prior to taking the Oath of Office on Friday.
The Emoluments Clause in the Constitution states that “no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.” The clause essentially prohibits anyone in high office, including the President, from being bribed.
US District Judge Ronnie Abrams may, however, have no choice but to throw out the lawsuit. The Supreme Court has been clear over the years that no one can bring a federal lawsuit against someone else unless they have been hurt by the defendant’s actions. In this case, CREW would have to show that they have been hurt by Trump’s business dealings.
“To clear the standing hurdle, the lawsuit says that CREW is experiencing a drain on its resources: fielding hundreds of inquiries from the media, educating the public, conducting legal research and even hiring a senior attorney to help it carry out its mission in the Trump era,” the Huffington Post said.
So, let us get this straight. CREW’s mission is to ensure that our political leaders remain ethical. And because they are now working harder to fulfill that mission because of their own political ideology, they have been harmed.
“This injury is self-inflicted, and does not find support in the Court’s caselaw,” wrote legal expert Josh Blackman. He added that the Supreme Court has never clarified the exact meaning of the Emoluments Clause, but that it does clearly state that it is up to the Congress to “consent” and not the federal courts. This makes it a political decision, not a legal one.
No doubt this is one of the first legal shots the left will fire against President Trump. But this one is likely to fall dead in the water.
Source: Huffington Post