December 5, 2018
Peter J. Messitte, a federal judge for the U.S. District Court of Maryland ruled on December 3 that lawyers for Maryland and Washington, D.C., plaintiffs in an emoluments-related lawsuit can start issuing subpoenas. The suit alleges that President Donald Trump has used his luxury hotel near the White House to unconstitutionally profit from his political office, Politico reported on December 3.
The case would set the stage either for potentially shutting down the Trump International Hotel in Washington, D.C., or for requiring Trump to divest entirely from the property—where many foreign diplomats currently are staying when they visit the Beltway and where many U.S. politicians are holding dinners and events to gain favor with the president.
In fact, the GSA lease for the property—which governs the use of the Old Post Office Building in the District of Columbia, where the hotel is situated—clearly states: “No … elected official of the Government of the United States … shall be admitted to any share or part of this Lease, or to any benefit that may arise therefrom.”
According to Politico, the attorneys general in Maryland and Washington said they planned to serve as many as 20 companies and government agencies with subpoenas by midday on December 4.
In response, Politico reported, the Justice Department on November 30 said it would try to halt the attorneys’ general case with an appeal to the 4th Circuit Court of Appeals in Richmond, but by the end of the day on Monday, December 3, the DOJ had yet to file anything in that court.
Maryland Attorney General Brian Frosh said that, if Justice Department lawyers do seek to stop the case, he said he was confident the delay would be temporary.
“They have a very high burden to win on a Writ of Mandamus, I don’t think they can meet that standard here,” Frosh told Politico. “They’ve done everything they possibly can to stop us from getting discovery.”
Research contact: @Woellert