Current Events > Trump and his lawyers are terrified of the Emoluments cases, holy shit

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Bio1590
12/17/18 5:29:00 PM
#1:


https://talkingpointsmemo.com/muckraker/trump-demands-stop-to-emoluments-case-as-state-ags-subpoena-38-witnesses

President Trumps Justice Department is scrambling to stop two state attorneys general from procuring evidence about whether the President is violating the Constitutions emoluments clause by filing an emergency appeal in the Fourth Circuit court.

Warning that attorneys general from Maryland and DC have sent 38 subpoenas to third parties, Justice Department attorneys argue that the court needs to halt the lawsuit at the district court level before documents from those subpoenas are returned by a January 3 deadline.

Trump lost a motion to dismiss the suit at the district court level in the case, and he filed the appeal as a petition for writ of mandamus, essentially asking the Fourth Circuit Court of Appeals to override the lower court and halt the case immediately before throwing it out entirely.

DOJ attorneys argue that the state attorneys general have a fundamentally flawed view of the Constitution and that the lower court judge, District Judge Peter Messitte, committed a manifest abuse of discretion in failing to allow an appeal of his decision denying a motion to dismiss.

The brief at times exudes a panicky tone regarding the impending responses to the 38 subpoenas that have been sent in the case. Trumps lawyers write that plaintiffs have already propounded thirty-eight subpoenas to third parties, including to five federal agencies, since Judge Messitte ordered discovery to begin this month.

The President is likely to obtain mandamus, and he is likely to suffer irreparable injury in the interim from the intrusive discovery into his personal finances and the official actions of his Administration (including through third-party subpoenas of government agencies), the filing reads.

Trump attorneys also argue that the a violation of the emoluments clause, even as alleged by the state attorneys general, doesnt give them the right to sue to enforce it.

Through dense legalese, they argue that the plaintiffs are asserting only a generalized grievance shared by all members of the public. That grievance supposedly stems from having an official comply with constitutional provisions adopted for the benefit of the public generally.

Other elements of the brief descend into early U.S. history, going back to the plantations and land purchases made by the founding fathers and early presidents.

Trump attorneys cite Washington D.C. land records from 1793 to show that George Washington purchased several lots of federal land during his presidency, adding that no concern was raised that such transactions conferred a benefit.

The DOJ goes further, however, and reaches for the slave-run plantations that Washington and Thomas Jefferson ran while in office as examples how the Constitution permits presidents to run private businesses while in office.

Several early Presidents owned plantations and continued to export cash crops overseas while in office, including Washington, who exported flour and cornmeal to England, Portugal, and the island of Jamaica, and Thomas Jefferson, who exported tobacco to Great Britain, the filing reads.

Yet there is no evidence that they took steps to ensure that foreign governments were not among their customers, the DOJ adds.

The Trump administration attorneys also make a comparison between Barack Obamas book sales while in office and Trumps D.C. hotel, arguing that Judge Messittes ruling that an emolument has to be larger than minimal payments was created to explain away inconvenient examples like President Obamas likely royalties from book sales to foreign governments.

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Bio1590
12/17/18 5:30:23 PM
#2:


Bio1590 posted...
Through dense legalese, they argue that the plaintiffs are asserting only a generalized grievance shared by all members of the public. That grievance supposedly stems from having an official comply with constitutional provisions adopted for the benefit of the public generally.

They are literally trying to argue that it's okay because it's not that bad and

Bio1590 posted...
The President is likely to obtain mandamus, and he is likely to suffer irreparable injury in the interim from the intrusive discovery into his personal finances and the official actions of his Administration (including through third-party subpoenas of government agencies), the filing reads.

They are also literally arguing that they need to stop because they're going to find something bad.
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Tyranthraxus
12/17/18 5:31:02 PM
#3:


Whoops bad time for this news to have dropped right?

https://www.propublica.org/article/trump-inc-podcast-trumps-inauguration-paid-trumps-company-with-ivanka-in-the-middle
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darkphoenix181
12/17/18 5:31:43 PM
#4:


E-muell-ments
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Ambience
12/17/18 5:35:31 PM
#5:


Bio1590 posted...
Bio1590 posted...
Through dense legalese, they argue that the plaintiffs are asserting only a generalized grievance shared by all members of the public. That grievance supposedly stems from having an official comply with constitutional provisions adopted for the benefit of the public generally.

They are literally trying to argue that it's okay because it's not that bad and

Bio1590 posted...
The President is likely to obtain mandamus, and he is likely to suffer irreparable injury in the interim from the intrusive discovery into his personal finances and the official actions of his Administration (including through third-party subpoenas of government agencies), the filing reads.

They are also literally arguing that they need to stop because they're going to find something bad.

LMFAO
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Vodkarade
12/17/18 5:39:03 PM
#6:


If you arent American shut the fuck up about American politics
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Blue_Inigo
12/17/18 5:39:48 PM
#7:


"Jefferson had slave run plantations tho!"

Is that who you really wanna compare yourself too?
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GasMonkey
12/17/18 5:41:52 PM
#8:


Vodkarade posted...
If you arent American shut the fuck up about American politics

lol wut?
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Thompson
12/17/18 5:42:46 PM
#9:


Blue_Inigo posted...
"Jefferson had slave run plantations tho!"

Is that who you really wanna compare yourself too?

"But Jefferson!"
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UnholyMudcrab
12/17/18 5:43:58 PM
#10:


Trump is living in constant fear of pretty much everything now, and that thought makes me very happy.
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cmiller4642
12/17/18 5:46:15 PM
#11:


UnholyMudcrab posted...
Trump is living in constant fear of pretty much everything now, and that thought makes me very happy.


I'd love to see him Tweet a video of himself coughing up bile every single morning and banging his head against the toilet wishing that Mueller would just leave him alone. It would put a smile on my face every day that I leave the house.
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monkmith
12/17/18 5:47:44 PM
#12:


Tyranthraxus posted...
Whoops bad time for this news to have dropped right?

https://www.propublica.org/article/trump-inc-podcast-trumps-inauguration-paid-trumps-company-with-ivanka-in-the-middle

ivanka's too pretty for jail!!!
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The Great Muta 22
12/17/18 5:47:49 PM
#13:


I can't blame them for scrambling. "Trump literally stole from the tax payers to enrich himself and his company illegally while in office" is going to be a rough message to overcome in 2020
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BLAKUboy
12/17/18 5:48:09 PM
#14:


I don't see why, this simply isn't something Republicans can be forced to give a shit about. Then again, Trump was also terrified of his extramarital affairs getting out, which Republicans also wouldn't have (and still haven't now that they are out) cared about.
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ncsonic
12/17/18 5:48:46 PM
#15:


Hes screwed. Now him AND many members of his family face large fines and possible jail time.
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Talented, intelligent, good looking, making a lot of money
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The Great Muta 22
12/17/18 5:50:56 PM
#16:


BLAKUboy posted...
I don't see why, this simply isn't something Republicans can be forced to give a shit about. Then again, Trump was also terrified of his extramarital affairs getting out, which Republicans also wouldn't have (and still haven't now that they are out) cared about.


Because personal slights against him and anything that can hurt his brand are the things that piss him off the most. Because the man is a complete narcissist. There's a reason why he still sent photo's of his hands to an editor for decades after he made a joke about him having small hands. And that's why you see people who have worked with him before always take a shot at his manhood. Because it fucking sets him off.
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