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The Independent UK
The Independent UK
Politics
Kimberley Richards

Trump bid to dismiss lawsuit over gifts from foreign governments rejected by US judge

The US Department of Justice plans to continue fighting the case ( AP )

A US federal judge has rejected Donald Trump’s bid to dismiss a lawsuit accusing him of unconstitutionally accepting gifts.

The suit alleges Mr Trump has violated clauses of the US constitution, which bar elected officials from receiving gifts of any kind from foreign and domestic governments.

Karl Racine, District of Columbia attorney general, and Brian Frosh, Maryland attorney general, filed a lawsuit against Mr Trump in June last year, alleging the president’s business entanglements are in violation of the US constitution.

The lawsuit alleges the president’s connection to the Trump Organisation and the Trump International Hotel in Washington, DC, has violated the emoluments clause since foreign and domestic government officials have stayed at his luxury hotel in the US capital. 

In Wednesday’s 52-page decision, district judge Peter Messitte rejected Mr Trump’s “cramped” view that emoluments were limited essentially to bribes.

Mr Messitte said the plaintiffs had “convincingly argued” that emoluments had a broader meaning, consistent with how even George Washington used the term in a 1776 proclamation.

“The clear weight of the evidence shows that an ‘emolument’ was commonly understood by the founding generation to encompass any ‘profit’, ‘gain’, or ‘advantage’,” Mr Messitte wrote.

The Department of Justice, which defended Mr Trump, is determining its next steps “to continue vigorously defending the president”, spokesman Andy Reuss said. “We continue to maintain that this case should be dismissed.”

Mr Racine countered in a statement: “Today’s historic ruling is a substantial step forward to ensure President Trump stops violating our nation’s original anti-corruption laws. 

“The constitution is clear: the president can’t accept money or other benefits from foreign or domestic governments.”

He added: “We sued because this corruption is taking place in our backyard, and because 325 million Americans shouldn’t have to wonder if the president is putting his personal financial interests ahead of the national interest.”

The lawsuit also claims the Trump International Hotel has put competing hotels in the area at a disadvantage. 

Reuters contributed to this report

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