‘This one’s a lemon’ vs. ‘Is he above the law?’: Judges spar over Trump emoluments case

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‘This one’s a lemon’ vs. ‘Is he above the law?’: Judges spar over Trump emoluments case
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Democratic and Republican-appointed judges clashed over a lawsuit claiming that President Trump is violating the Constitution by profiting from the spending of foreign and state government officials at his luxury Washington hotel

RICHMOND, Va. — Democratic and Republican-appointed judges clashed sharply Thursday over a lawsuit claiming that President Donald Trump is violating the Constitution by profiting from the spending of foreign and state government officials at his luxury Washington hotel.

“That is an excellent summary of our argument, Judge Wilkinson,” Justice Department attorney Hashim Mooppan declared. “It really goes to the question of: Is he above the law?” Wynn said. “You can have interests that invite foreign dignitaries openly to come in and take 500 rooms or to offer Mar-a-Lago. … Nothing can be done, is that correct? My question is, is that correct?”

“He called them phony emoluments clauses,” King shouted. “Two clauses of the Constitution written in 1787.” “Counsel, is the standard you’re looking for the one you used before — totally screwed it up?” Judge Pamela Harris asked. “Because I read the district court opinions with some care, and what I saw was a very reasoned exercise of discretion,” she said, adding that accepting the government’s position would make the appeals court a “roving commission” and “open the door very wide” to appeals at every juncture of a case.

“Certainly, our intent is not to tie up the president in litigation,” State of Maryland lawyer Leah Tulin insisted.

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