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Emoluments

CREW’s list of  54 different occasions that the Trump administration mentioned Trump businesses in 2017. The 35 Times Trump mentioned in 2018, and 14 Administration references.

Maryland US District Court The District of Columbia v. Trump No. 8:17-cv-01596-PJM Judge Peter J. Messitte Complaint June 12, 2017. Docket. Norm Eisen withdrew as atty. for the Plaintiffs before oral arguments.December 4, 2018 Subpoena DJT Holdings LLCTrump International Hotel, Tax Returns, Corp. Organizational Chart, Emoluments Docs., GSA-Trump Old Post Office LLC & Trump International Hotel, Post Office lease with US, BLT Prime by David Burke in DC, all businesses in DC, February 21, 2018 payment of $151, 470 from The Trump Corp to US Treasury, foreign government profits/financial interest Subpoena US Dept. of Commerce  All expenditures in DC, expenditures at Trump properties, and decision-making throughout. July 10, 2019 DISMISSED WITH PREJUDICEBy order dated December 20, 2018, we granted the President’s motion for a stay of the proceedings in the district court pending our rulings on his petition for a writ of mandamus and his appeal. We also determined to consider separately the mandamus petition and the appeal, ordering oral arguments on them seriatim. We now grant the President’s petition for a writ of mandamus and, exercising jurisdiction through operation of § 1292(b), reverse the district court’s orders, concluding that the District and Maryland lack standing under Article III. And in the separateappeal, No. 18-2488, that we also decide today, we likewise reverse due to the District 6 USCA4 Appeal: 18-2486 Doc: 57 Filed: 07/10/2019 Pg: 7 of 36 and Maryland’s lack of standing. Based on the decisions in this appeal and in appeal No. 18-2488, we remand with instructions to dismiss the complaint with prejudice.”

Washington US District Court Richard Blumenthal, et al. v. Donald J. Trump, No. 1:17-cv-01154 Judge Emmet Sullivan (30 Senators and 166 Representatives)filed June 14, 2017 Complaint Docket April 30, 2019 Ruling to Proceed.  Amended Complaint June 26, 2019

Trump Wants DC Circuit to Stop ‘Distracting’ Emoluments Suit National Law Review Justice Department lawyers have lost earlier bids to shut down the lawsuit, filed by U.S. Sen. Richard Blumenthal of Connecticut and other Democratic senators. By Mike Scarcella July 08, 2019

US Constitution ARTICLE 1, SECTION 9, CLAUSE 8 “No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.”

EMOLUMENTS: RECEIVING BENEFITS FROM OFFICE

One of the central issues in the Trump Administration is the Emoluments Clause. In question are the sudden trademark approvals of Trump brands in China and Ivanka’s in Japan, the preference for using Trump Hotel in Washington DC, and other instances of financial gain via Government position.This video briefly explains The Emoluments Clause, posted on Nancy Pelosi’s Twitter page.

Congressman Jerrold Nadler, (D-NY), “top Democrat on the House Judiciary Committee has filed a resolution of inquiry” into President Donald J. Trump and his Russian business ties, emoluments and interference in the election. It can be considered a step toward the impeachment process because of the information sought in this case. “Donald Trump has refused to step away from his business interests in any meaningful way. His foreign entanglements are likely unconstitutional, he has repeatedly refused to disclose his financial assets, and he is clouded by the specter of Russian intervention in the election and his Administration.” Drafted on 2/9/17  Countable, which explains the Resolution of Inquiry. It was VOTED DOWN PARTY LINE on 2/22/2017. It “was the first time Members of Congress had a recorded vote on legislation concerning an investigation of Donald Trump’s conflicts and Russia ties.” Nadler

Trump Still Makes Money From His Properties.Is This Constitutional? NY Times 

Trump International Hotel

The Trump International Hotel opened about two months before the 2016 presidential election. It’s in the Old Post Office building on Pennsylvania Avenue, just blocks from the White House. In addition to officials from Kuwait, dozens of other government officials have patronized the hotel since Mr. Trump came into office, including …

… the Kingdom of Saudi Arabia, which paid for rooms, food and parking in January and February 2017.

… the prime minister of Malaysia and an entourage of Malaysian diplomats, who held meetings and stayed at the hotel in September 2017.

Georgia’s ambassador to the United Nations, who stayed at the hotel in April 2017.

… the governor of Maine and members of his staff, who stayed at the hotel and dined at its restaurants in February 2017.

Plaintiffs also say that Mr. Trump has illegally received benefits from decisions made by the federal government, including …

… the General Services Administration’s determination that the Trump Organization is in “full compliance” with its lease for the Old Post Office building, even though the lease forbids any elected federal official from being a part of it.

… approval from the National Park Service for a historic-preservation tax credit.

Trump World Tower, NY 

DJT still owns Trump Tower in New York where a bank owned by the Chinese government is a tenant and pays rent that ultimately profits DJT.  Mr. Trump has said he deliberately built Trump World Tower, a residential condominium, near the United Nations because he “saw great potential right across the street.” Several other countries also own units and presumably pay monthly building charges. Before he moved to the White House, Mr. Trump lived and worked at Trump Tower, the Fifth Avenue skyscraper with gold-painted elevators that serves as the headquarters for the Trump Organization.

DJT owns rights to The Apprentice and spinoffs which are broadcast in Britain, where the government runs the network and pays royalties that ultimately profit DJT.

Real Estate Projects Worldwide

DJT brands and manages Trump International Golf Club in Dubai which needs permits from the United Arab Emirates to function and ultimately profits DJT.

Mr. Trump also owns, operates and licenses numerous properties and business ventures in many other countries, including Indonesia, Scotland and the Philippines.

Trademarks in China

April to December 2016: “Russia’s patent office grants 10-year extensions for six unused Trump trademarks that are set to expire in 2016. Trump had originally acquired the trademarks for hotel and branding deals that never materialized — including “Trump Tower” in 1996 and four more hotel-related trademarks in 2007, when Felix Sater and Bayrock Group were scouting potential deals in Russia.”  Bill Moyers

Trump Foundation admits to violating ban on ‘self-dealing,’ new filing to IRS showsPainter Michael Israel, left, poses with Donald and Melania Trump in 2007 at Trump’s Mar-a-Lago Club. Trump spent $20,000 that belonged to the Donald J. Trump Foundation to buy a six-foot-tall portrait of himself painted by Israel. Washington Post November 22, 2016  President-elect Donald Trump’s charitable foundation has admitted to the Internal Revenue Service that it violated a legal prohibition against “self-dealing,”

“The GSA (General Services Administration) ruled in March that the Trump Organization can keep using a government-owned building in Washington for its new hotel, the Trump International Hotel, a favorite of diplomats and lobbyists. That decision drew criticism from good-government groups and Democrats. They note the contract the president’s company signed forbids government officials from being a party to or benefiting from the building.”  ABC News

After Promising Not To Talk Business With Father, Eric Trump Says He’ll Give Him Financial Reports  Forbes March 24, 2017  Contradicting statements at the January 12, 2017 press conference during which Trump said he would check with the business progress in Four Years, Eric stated otherwise. Trump Trademarks in China were granted after seeking them for the last Ten Years. Ivanka Trump Trademarks in Japan were granted after hosting the President at Mar-a-Lago and spending time with him.

China grants more trademark approvals for Ivanka Trump firm – including voting machines Reuters NOVEMBER 6, 2018 “China last month granted initial approval for 16 new trademarks for the fashion brand of U.S. President Donald Trump’s daughter and adviser Ivanka, including voting machines, a search of official records on Tuesday showed.”

“To try to minimize potential conflicts, Ms. Trump rolled the brand into a trust overseen by her brother-in-law, Josh Kushner, and sister-in-law, Nicole Meyer. Jamie Gorelick, a prominent Democratic lawyer, acts as an independent ethics adviser, reviewing all prospective deals for potential problems…Abigail Klem, the president of the Ivanka Trump brand…”

Ivanka Trump’s Global Reach, Undeterred by a White House Job NY Times Danny Hakim and Rachel Abrams April 18, 2017 “Earlier this month, China approved three new trademarks for Ms. Trump’s brand on the same day she met China’s president, Xi Jinping, according to an Associated Press report. Japan also approved trademarks in Ms. Trump’s name in February that included footwear, handbags and other apparel, records show. And trademark applications in Ms. Trump’s name are awaiting decisions in 10 countries, the Times analysis showed, including Kuwait, Qatar, Panama and Brazil. Ms. Trump has long been conducting a corporate two-step, trying to build her own global brand as she has helped push her father’s name into new parts of the world. Over all, Ivanka Trump Marks L.L.C., her trademarking business, has filed 173 foreign trademarks in 21 countries, as well as in Hong Kong and the European Union, in little more than a decade, according to the Times analysis. While she was overseeing the development of a controversialTrump Tower in Azerbaijan, which has since been abandoned, she was also filing trademarks for her own brand, for clothes and cosmetics. In China, while she was helping her father’s company make inroads, she developed her own following, taking out at least 23 trademarks for everything from swimwear to wedding dresses, both to battle locals trying to infringe on her name and to support her own interests. In Manila, Ms. Trump was the linchpin for a new Trump Tower rising in Makati City, a project that “came about from a meeting that took place between Ivanka and I,” Robbie Antonio, the son of a prominent Filipino developer, once said in a promotional video. Ms. Trump’s friendship with Mr. Antonio is not hard to understand. He has a bit of Trumpian flair himself — an art collector who once commissioned a Rem Koolhaas-designed home filled with portraits of himself. Ms. Trump and Mr. Antonio have also been involved in a plan to sell her jewelry in the Philippines, but a spokesman for the brand said it did not have any current plans to open a store there. And records show her business has applied for three new trademarks in the country this year.”

Ivanka Trump’s Company Applied for Chinese Trademarks Day Before Her White House Appointment The 14 trademark applications, filed on March 28, cover sectors from construction to legal services to alcoholic beverages WSJ Eva Dou June 2, 2017

Foreign payments to Trump’s businesses are legally permitted, argues Justice Department Washington Post Jonathon O’Connell June 10, 2017“The U.S. Department of Justice argued Friday (June 9) that President Trump’s businesses are legally permitted to accept payments from foreign governments while he is in office, and thus Trump is not in violation of a constitutional clause barring the acceptance of emoluments. In a 70-page legal brief responding to a liberal watchdog group’s lawsuit, the administration said that market-rate payments for goods or services made to the president’s real estate, hotel and golf companies do not constitute emoluments as defined by the Constitution. Advocates from the Citizens for Responsibility and Ethics in Washington (CREW) brought the suit against Trump in January, shortly after he entered office. ” Washington Post

Ethics group sues for Trump International Hotel records ahead of Republican Party fundraiser MIC   As Trump prepares to attend a major fundraiser at the Trump International Hotel in Washington, American Oversight, a non-partisan accountability group, announced it’s suing “to force the release of communications between the Trump Organization and the government agency that manages the taxpayer-owned building. ..merican Oversight, which is run by Democratic former government officials, filed suit in federal court against the General Services Administration for information it requested, but didn’t get, under the Freedom of Information Act. The price of entry to Wednesday’s dinner is $35,000 per person, Newsweek reported. The money will be split between Trump’s 2020 re-election campaign and the Republican National Committee.”

 

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