Trump's legal team asks court to dismiss foreign payments suit on grounds of presidential immunity
Thu May 03, 2018 09:56:am World
5.3K By franklyn Anude
Lawyers representing U.S. President Donald Trump has filed to dismiss a lawsuit against Trump accusing him of flouting constitutional safeguards against corruption by refusing to separate himself from his business empire while in office, saying he enjoys "absolute immunity" as president.
Trump's lawyer Consovoy in a court filing on Tuesday, wrote: "If Plaintiffs want to sue the President for acts taken while in office, they must sue him in official capacity. But he is absolutely immune from any suit, including this one, seeking to impose individual liability premised on his assumption of the Presidency itself".
Consovoy continued, "The Supreme Court has concluded that the costs to the Nation of allowing such suits to distract the President from his official duties outweigh any countervailing interests. That choice must be respected".
The case against Trump was brought by the state of Maryland and the District of Columbia. Both states accuses Trump of violating the U.S. Constitution's "emoluments" clause that bars U.S. officials from accepting gifts or other payments from foreign governments without congressional approval.
Last month, U.S. District Judge Peter Messitte in Greenbelt, Maryland, allowed the suit proceed despite trump's legal team seeking the case be tossed out. Judge Messitte though streamlined the claims in the suit to only those related Trump's hotel in downtown Washington.
The Attorney Generals of both Maryland and District of Columbia, in the suit claimed local residents were harmed by unfair competition by Trump's hotel and other businesses, claims Lawyers for Trump said were speculative and difficult to link directly to Trump.
Brian Frosh, Attorney General of Maryland and Karl Racine, Attorney General of District of Columbia have indicated they will seek numerous documents related to Trump, including his tax returns which He refused to release during the 2016 presidential campaign or as president.
A similar lawsuit against Trump brought by another group of plaintiffs, was thrown out by a U.S. judge in Manhattan in December.
Trump's lawyer Consovoy in a court filing on Tuesday, wrote: "If Plaintiffs want to sue the President for acts taken while in office, they must sue him in official capacity. But he is absolutely immune from any suit, including this one, seeking to impose individual liability premised on his assumption of the Presidency itself".
Consovoy continued, "The Supreme Court has concluded that the costs to the Nation of allowing such suits to distract the President from his official duties outweigh any countervailing interests. That choice must be respected".
The case against Trump was brought by the state of Maryland and the District of Columbia. Both states accuses Trump of violating the U.S. Constitution's "emoluments" clause that bars U.S. officials from accepting gifts or other payments from foreign governments without congressional approval.
Last month, U.S. District Judge Peter Messitte in Greenbelt, Maryland, allowed the suit proceed despite trump's legal team seeking the case be tossed out. Judge Messitte though streamlined the claims in the suit to only those related Trump's hotel in downtown Washington.
The Attorney Generals of both Maryland and District of Columbia, in the suit claimed local residents were harmed by unfair competition by Trump's hotel and other businesses, claims Lawyers for Trump said were speculative and difficult to link directly to Trump.
Brian Frosh, Attorney General of Maryland and Karl Racine, Attorney General of District of Columbia have indicated they will seek numerous documents related to Trump, including his tax returns which He refused to release during the 2016 presidential campaign or as president.
A similar lawsuit against Trump brought by another group of plaintiffs, was thrown out by a U.S. judge in Manhattan in December.
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