Democrats' suit against Trump over foreign payment can proceed: Judge

The ruling by Judge Emmet G. Sullivan of the US District Court for the District of Columbia on Tuesday means a temporary victory for the lawmakers who charge the president of violating the Constitution’s “emoluments” clause, which prevents federal officeholders from profiting from their businesses without the “consent” of Congress.

In the ruling, Sullivan rejected a motion by Trump to dismiss the suit lodged by 198 members of Congress.

In his 48-page decision, the judge said he had found the president’s attempt to narrowly define the emoluments clause to be “unpersuasive and inconsistent.”

“The president’s definition disregards the ordinary meaning of the term as set forth in the vast majority of founding-era dictionaries; is inconsistent with the text, structure, historical interpretation, adoption, and purpose of the clause; and is contrary to executive branch practice over the course of many years.”

Democratic Representative Jerrold Nadler described the ruling as “an important milestone in seeking to hold the President accountable for his ongoing violations” of the emoluments clause.

“This sets up a dilemma for the government,” said Carl Tobias, a law professor at the University of Richmond. “I think it is going to be fascinating.”

Meanwhile, Justice Department spokeswoman Kelly Laco said: “We believe this case should be dismissed, and we will continue to defend the President in court.”

Trump’s lawyers argue that the emolument clause only prohibits federal officials from accepting a special consideration or gift from a foreign government and does not apply to payments such as a bill for a hotel room.

Trump does business with countries like China, India, Indonesia and the Philippines, and that is a cause for concern in future US trade deals with those countries.