SCOTUS dismisses bids to sue Trump over claims his D.C. hotel profited from his presidency and says case is moot because he's out of office
The Supreme Court on Monday threw out two lawsuits accusing Donald Trump of violating the emoluments clause and profiting off of his presidency by maintaining ownership of his business empire while president.
The highest U.S. court formally dismissed the lawsuits just five days after Trump left office, deeming them moot since the business mogul and television personality is no longer seated in the Oval Office.
One of the entities most often brought into question was Trump's hotel near the White House – where the former president ended up holding several events and fundraisers during his time in office.
These events included hosting foreign and domestic political leaders.
Lower courts agreed with the lawsuits' claims accusing Trump of violating two of the Constitution's anti-corruption provisions.
The Supreme Court threw out two lawsuits Monday alleging Donald Trump violated the emoluments clause – deeming the cases moot now that the former president is no longer in office. Picture: Trump returning to private life by golfing at his West Palm Beach course
The lower courts rules Trump did violate the Constitution's anti-corruption provisions by maintaining ownership of his business empire while president – including his hotel just blocks from the White House (pictured) – and profiting off of domestic and foreign governments with his position
One emoluments clause bars sitting presidents from accepting benefits from foreign governments without congressional consent. The other bars him from receiving any benefit other than a salary from any states or federal government.
The nine Supreme Court justices threw out lower court orders on Monday, which had allowed the lawsuits to proceed after declining to hear Trump's appeals to these decisions.
Three of the justices on the Supreme Court were selected by Trump – Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. Overall the court sits with a 6-3 conservative majority.
One of the suits was filed by the District of Columbia and the state of Maryland and the other by plaintiffs, including a watchdog group and hotels and restaurants.
The plaintiffs accused Trump of running afoul of the Constitution's 'emoluments' provisions that bar presidents from accepting gifts or payments from foreign and state governments without congressional approval.
The plaintiffs had asked the Supreme Court to reject Trump's appeals because the dispute would disappear once Trump left office last Wednesday.
Those suing said that as president, Trump benefited from a stream of foreign and state government officials who patronized his properties – including the Trump International Hotel in Washington, D.C.
The two now defunct cases are Trump v. Citizens for Responsibility and Ethics in Washington and Trump v. District of Columbia.
When he became president, Trump's two eldest sons Donald Jr. and Eric took executive charge of his various businesses. Chief Financial Officer Allen Weisselberg also stepped up to help take the lead.
On January 11, 2017 – nine days before Trump's inauguration – he announced he and his daughter, Ivanka, would fully resign from their leadership in his business entities.
Days before Trump was inaugurated in 2017, he left his sons, Donald Trump Jr. (left) and Eric Trump (right) in charge of his various business entities as he announced he was resigning to serve as president
Ivanka, along with her husband Jared Kushner, served as senior advisers to Trump while he was president.
Trump did not take his presidential salary while in office, instead donating it to different charities.
Despite these moves, Trump still came under fire frequently for giving preference to his properties worldwide when taking presidential trips. Like on his visit to Ireland in 2019 where U.S. federal government money was funneled to Trump International Golf Links & Hotel in Doonbeg, Ireland when he insisted on staying there.
The former president said at the time he was saving the government money by staying at his own properties and claimed it was also more secure.
