Appeals court agrees to hear case involving Trump DC hotel
Legal Issues
A federal appeals court agreed Thursday to take up a case accusing Donald Trump of profiting off the presidency in violation of the U.S. Constitution, giving the president's legal team its first major victory in the case.
The order issued by the U.S. Court of Appeals for the Fourth Circuit in Richmond, Virginia, hits the pause button on the ongoing federal court case in Maryland before deadlines to respond to subpoenas issued earlier this month seeking tax returns, receipts and other records from 13 Trump businesses and other entities.
It came just three days after Justice Department lawyers filed papers seeking a writ of mandamus appeal, criticizing U.S. District Judge Peter J. Messitte and arguing that that the "intrusive" discovery that has already begun would distract the president from his performance of his constitutional duties and could cause separation of powers concerns.
For Justice to succeed at the appeals level, they must meet a demanding standard that would partly rest on showing Messitte's decisions to be clearly wrong.
The lawsuit brought by the attorneys general of Maryland and the District of Columbia alleges that because Trump has not divested himself of his business holdings, foreign and domestic government spending at Trump's Washington hotel amounts to gifts to the president in violation of the Constitution's emoluments clause.
Oral arguments before the three-judge appeals court are scheduled for March, delaying what had been a brisk discovery schedule set in the district court by several months. The order also notes that lawyers should be prepared to also address substantive issues such as whether the plaintiffs in the case can even sue and, if victorious, compel the president to stop violating the Constitution.
Justice Department spokeswoman Kelly Laco told The Associated Press the "DOJ is pleased" by the order.
Maryland Attorney General Brian E. Frosh and D.C. Attorney General Karl A. Racine issued a joint statement calling the decision merely "a procedural one" and "not a ruling on the merits of our historic lawsuit against President Trump."
Related listings
-
Spain court grants $1.7 billion compensation for oil spill
Legal Issues 12/20/2018Spain's Supreme Court has ruled that the captain and the insurer of the Prestige oil tanker must pay more than 1.5 billion euros ($1.7 billion) in compensation for Spain's biggest environmental disaster, when the vessel sank in 2002. The court s...
-
Thai court extends detention of refugee sought by Bahrain
Legal Issues 12/09/2018A Thai court ruled Tuesday that a soccer player who holds refugee status in Australia can be held for 60 days pending the completion of an extradition request by Bahrain, the homeland he fled four years ago on account of alleged political persecution...
-
Arguments in "Serial" case focus on lawyer, alibi witness
Legal Issues 12/06/2018Roughly two years after a new trial was ordered, Maryland's highest court on Thursday heard arguments in their review of the high-profile case of a man whose murder conviction was chronicled in the hit "Serial" podcast that attracted millions of armc...

Experienced Business Law Attorneys - Business Law Attorneys in Chicago, Illinois
U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.
Companies of all sizes have to deal with a lot of bureaucracy and paperwork just to do business. Long gone are the days of simply designing and manufacturing a great product and putting it out there. It can be incredibly overwhelming trying to do business without making yourself vulnerable to a lawsuit.
If you need to craft an agreement between you and investors or business partners, it is prudent to have it reviewed by a business attorney before you sign anything. You may also want to have your vendor contracts, office leases, sales agreements, and other types of agreements looked over as well. From start-ups to established corporations, the Chicago business attorneys at the Roth Law Group have the know-how to help businesses keep legal trouble at bay.
The attorneys at the Roth Law Group have helped their clients at every stage of the business creation and operation process. From registering as a legally-recognized business entity to hiring employees and then copywriting or trademarking a product idea, the right guidance in the beginning can keep you out of trouble later on.