U.S. District Court Denies President Trump’s Motion to Dismiss Emoluments Case

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Saturday, August 11, 2018
Author: 
Bruce Zagaris
Volume: 
34
Issue: 
8
Abstract: 

On July 25, 2018, U.S. District Judge Peter J. Messitte for the District of Maryland, in a 52-page opinion, denied President Trump’s motion to dismiss plaintiff’s Amended Complaint for failure to state a claim.  The Court determined that Plaintiffs have convincingly argued that the term “emolument” in both the Foreign and Domestic Emoluments Clauses means any “profit,” “gain,” or “advantage” that that accordingly they have stated claims to the effect that the President, in certain instances, has violated both the Foreign and Domestic Clauses.”