DC, Maryland Sue President Trump Citing Disregard, Disrespect For Rule Of Law

WASHINGTON, DC — The attorneys general for Maryland and the District of Columbia have filed suit against President Donald Trump over the conflict between his family business interests and his constitutional oath to put the country first. Both officials say Trump's businesses have gained from his public office, and the lawsuit, if federal courts allow it to proceed, could make a bid to unearth his tax returns, which he has not disclosed.

D.C. Attorney General Karl A. Racine and Maryland Attorney General Brian E. Frosh, both Democrats, said the lawsuit is needed because Trump has not followed through on promises to separate his business dealings from his public life, noting his sons have said the president receives regular updates about his company’s performance. Trump-operated hotels in Washington, D.C., and Florida have reportedly seen a surge in foreign guests since the inauguration, the officials say, which contradicts the emoluments clause that decrees the president place the country's well-being ahead of personal gain.

“He doesn’t appear to understand or care about the Constitution," Frosh said. "We know from his tweets that he has little respect or understanding for the rule of law.” (Get Patch’s daily newsletter and real-time news alerts, or like us on Facebook. Or, if you have an iPhone, download the free Patch app.)

The payments Trump's businesses are receiving have influenced him and may make him corruptible, Frosh argued.

»Read the full text of the lawsuit at the bottom of this story.

Never in the history of this country has a president failed to distance himself from foreign entanglements, Racine said.

“We know that foreign governments are spending money there (Trump International Hotel in DC) in order to curry favor with the president of the United States,” Racine told reporters. "Every time the president has spoken about drawing a line between his office and businesses, he has walked that back."

"This case is about the right of hundreds of millions of Americans to honest government," Frosh said. "Elected leaders who serve the people and not their own interests are at the heart of democracy. … We cannot allow the constant barrage of questionable actions (by Trump) to make us numb.”

There has not yet been a response from the White House to the lawsuit.

The two attorneys general claim the president has personally benefited from his office by these actions:

• Suggested the use of his DC hotel to foreign diplomats
• Appears at his hotels to raise their marketing value
• Continues to take money from Saudi Arabia, India, Qatar and Afghanistan for space those countries use in New York's Trump Tower
• Trump's Florida resort, Mar-a-Lago, doubled its membership fees from $100,000 to $200,000 after the presidential election, and foreign leaders have been hosted there, with the meetings promoted on embassy websites

The first of several lawsuits alleging this breach was filed by a group of legal ethics experts on Jan. 23 against Trump, alleging payments that foreign governments make to properties he owns puts him in violation of the U.S. Constitution. The Citizens for Responsibility and Ethics in Washington, a watchdog organization, filed the suit. The organization includes Norm Eisen and Richard Painter, former White House ethics attorneys for President Obama and President Bush, respectively.

A press conference held at noon ET on Monday outlined the state and District's claims against the president. But the attorneys general told The Washington Post Sunday that their suit will be based on the contention that Trump has violated the Constitution by accepting millions in payments and benefits from foreign governments since taking office.

While several lawsuits have been filed against Trump arguing the same point, Racine and Frosh are the first to file on behalf of a state, the Post says. Step one in the process for the duo will be to seek copies of Trump’s tax returns to examine his foreign business dealings. The attorneys general said they expect such an action would have to be decided by the U.S. Supreme Court.

“Elected leaders must serve the people, and not their personal financial interests. That is the indispensable foundation of a democracy,” said Frosh. “We cannot treat a president’s ongoing violations of the Constitution and disregard for the rights of the American people as the new and acceptable status quo. The president, above all other elected officials, must have only the interests of Americans at the heart of every decision.”

“President Trump’s continued ownership interest in a global business empire, which renders him deeply enmeshed with a legion of foreign and domestic government actors, violates the Constitution, calling into question the rule of law and the integrity of our political system,” the complaint filed says. For example, the President continues to own luxury hotel and resort properties -- including a new one just down the street from the White House -- catering to foreign and state government business. He continues to seek -- and in fact recently obtained from China -- valuable trademarks from foreign countries for his business ventures. Foreign and U.S. government entities rent space in Trump-owned buildings.

According to the complaint, “[U]ncertainty about whether the President is acting in the best interests of the American people, or rather for his own ends or personal enrichment, inflicts lasting harm on our democracy. The Framers of the Constitution foresaw that possibility, and acted to prevent that harm.”

The first such lawsuit filed earlier this year against the president, in the U.S. District Court for the Southern District of New York, asks the court to stop Trump from taking the payments, which the plaintiffs say include hotel room stays, loans from some international banks and even foreign government-owned television stations broadcasting "The Apprentice," for which Trump is still listed as an executive producer.

The legal filings against the 45th president of the United States cite his ongoing ties to the sprawling business empire he has declined to fully divest from.

At the daily briefing Monday, White House Press Secretary dismissed the lawsuit as partisan politics. Spicer said the lawsuit was similar to one filed by a left-leaning group called CREW.

"It’s not hard to conclude that partisan politics might be behind this lawsuit,” Spicer said.

Where does Trump stand with his businesses?

In a press conference two weeks before he took the oath of office, Trump promised to turn managerial control over to his adult sons. Trump also said that hotel profits from foreign governments would be donated to the U.S. Treasury.

Walter Schaub, the head of the Office of Governmental Ethics, called the plan "wholly inadequate" from an ethical perspective since Trump still holds a financial interest in the companies. The legality of the arrangement, though, is a different issue.

Trump communications staffers have repeatedly said the president will not voluntarily release his tax returns, which would show any outstanding loans and other financial obligations Trump has.

Eric Trump, one of Trump's sons and the executive vice president of the Trump Organization, told the New York Times that the ethics group's lawsuit is "purely harassment for political gain, and, frankly, I find it very, very sad."

And President Trump said it was "without merit. Totally without merit."

Read the full legal complaint filed June 12:

»Patch file photo