Emoluments Clause

Judges ponder lawmaker right to sue over Trump businesses
Legal challenge rests on the constitution’s Foreign Emoluments Clause

A lawsuit led by Sen. Richard Blumenthal, D-Conn., claims President Donald Trump is supposed to get consent from Congress before accepting payments or gifts from foreign governments under the Foreign Emoluments Clause. (Caroline Brehman/CQ Roll Call file photo)

A federal appeals court suggested Monday that individual members of Congress can’t pursue a lawsuit against President Donald Trump over allegations he violated a constitutional ban on financially benefiting from the office.

An attorney for more than 200 lawmakers — led by Sen. Richard Blumenthal, D-Conn., and House Judiciary Chairman Jerrold Nadler, D-N.Y. — told a three-judge panel that Trump is supposed to get consent from Congress before accepting payments or gifts from foreign governments under the Foreign Emoluments Clause.

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Engel wants staffers to warn foreign governments about spending at Trump’s hotels
New memo instructs staff on interactions with foreign governments

House Foreign Affairs Chairman Eliot L. Engel wants Democratic staffers to warn foreign government officials that spending at Trump-owned properties could violate the Constitution’s emoluments clause. (Bill Clark/CQ Roll Call file photo)

A new directive this week from House Foreign Affairs Chairman Eliot L. Engel instructs staffers to warn foreign governments that spending at Trump-owned properties could violate the Constitution’s emoluments clause.

The memo, released Monday, issues guidelines for staff engaging with foreign governments. The directive signed by the New York Democrat is aimed specifically at the committee’s majority staff. Republican staffers were not given the same instructions.

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