1 00:00:00,040 --> 00:00:03,200 Speaker 1: Well, now it's time for our Bloomberg Law Report. Let's 2 00:00:03,200 --> 00:00:05,560 Speaker 1: get to the legal stories we are watching this morning 3 00:00:05,559 --> 00:00:11,119 Speaker 1: with Steve Podusk in the Bloomberg Washington Newsroom. Sponsors of 4 00:00:11,160 --> 00:00:14,000 Speaker 1: bipartisan legislation introduced in the House and Senate say the 5 00:00:14,040 --> 00:00:17,320 Speaker 1: measure seeks to protect US elections from foreign interference by 6 00:00:17,360 --> 00:00:21,080 Speaker 1: increasing with transparency of online political ads. A measure introduced 7 00:00:21,120 --> 00:00:23,440 Speaker 1: in the Senate would allow people to buy into Medicare 8 00:00:23,560 --> 00:00:26,880 Speaker 1: via the individual health insurance market, starting with rural areas 9 00:00:26,920 --> 00:00:30,120 Speaker 1: that have few insurers offering plans, and companies that try 10 00:00:30,160 --> 00:00:33,440 Speaker 1: to register offensive trademarks after our recent Supreme Court ruling 11 00:00:33,520 --> 00:00:36,640 Speaker 1: legalizing them will have to offer good evidence. Lawyers say. 12 00:00:36,720 --> 00:00:39,360 Speaker 1: Victories for the Asian American rock band The Slants and 13 00:00:39,440 --> 00:00:43,159 Speaker 1: Washington Redskins will likely not mean a barrage of registrations. 14 00:00:43,320 --> 00:00:48,200 Speaker 1: Bloomberg Law everything you need, all on one legal research platform, 15 00:00:48,360 --> 00:00:53,000 Speaker 1: including guidance analysis and Bloomberg Market Intelligence. Find out more 16 00:00:53,040 --> 00:00:57,960 Speaker 1: at Bloomberg Law dot com. Now another legal news Let's 17 00:00:57,960 --> 00:01:00,440 Speaker 1: take a look at a case claiming President Trump is 18 00:01:00,560 --> 00:01:05,080 Speaker 1: violating the Constitutions for an Emoluments Clause, a rarely invoked 19 00:01:05,080 --> 00:01:08,560 Speaker 1: provision that bars federal office holders from taking gifts and 20 00:01:08,600 --> 00:01:12,240 Speaker 1: payments from other governments. For more on this story, Bloomberg, Lahos, 21 00:01:12,319 --> 00:01:15,440 Speaker 1: Jing Grosso, and Greg Sture speak with Richard Painter, a 22 00:01:15,480 --> 00:01:18,640 Speaker 1: former White House ethics lawyer and vice chairman of Citizens 23 00:01:18,640 --> 00:01:22,600 Speaker 1: for Responsibility and Ethics in Washington. That's the watchdog group 24 00:01:22,640 --> 00:01:26,600 Speaker 1: responsible for the lawsuit against President Trump. One of the 25 00:01:26,640 --> 00:01:29,640 Speaker 1: issues Judge Daniels asked about was basically, why is this 26 00:01:29,680 --> 00:01:33,680 Speaker 1: thing in court? The Constitution says that Congress can authorize 27 00:01:33,720 --> 00:01:36,959 Speaker 1: a monuments, So why isn't this something that's better off 28 00:01:37,000 --> 00:01:41,319 Speaker 1: being dealt with in the political process rather than the courts. Well, 29 00:01:41,400 --> 00:01:46,440 Speaker 1: the Constitution says that the anybody holding a position of 30 00:01:46,520 --> 00:01:50,400 Speaker 1: trusts with the United States government may not receive a 31 00:01:50,520 --> 00:01:53,440 Speaker 1: present or an a monument, in a monument being a 32 00:01:53,480 --> 00:01:57,640 Speaker 1: profit or benefit from a foreign government without the consent 33 00:01:57,840 --> 00:02:01,320 Speaker 1: of Congress. So a president has the option of going 34 00:02:01,360 --> 00:02:04,720 Speaker 1: to Congress and asking for consent to receive profits and 35 00:02:04,840 --> 00:02:08,600 Speaker 1: benefits from dealings with foreign governments, whether it's foreign diplomat 36 00:02:08,639 --> 00:02:11,079 Speaker 1: staying in the hotels and running out the ball rooms, 37 00:02:11,600 --> 00:02:15,760 Speaker 1: or whether it's the financial support that the Trump business 38 00:02:15,760 --> 00:02:20,000 Speaker 1: empire very likely guests from banks controlled by foreign governments. 39 00:02:20,040 --> 00:02:23,639 Speaker 1: We know about the Bank of China extending some substantial loans, 40 00:02:23,720 --> 00:02:26,600 Speaker 1: and there may very well be others and sovereign wealth funds. 41 00:02:26,639 --> 00:02:30,120 Speaker 1: So he could go to Congress for permission. But when 42 00:02:30,160 --> 00:02:33,960 Speaker 1: he doesn't do that, he's in violation of the Constitution. UH. 43 00:02:34,000 --> 00:02:39,480 Speaker 1: And we are asking the judge to require the President 44 00:02:39,919 --> 00:02:43,120 Speaker 1: in an injunction uh to Hoi to comply with the 45 00:02:43,120 --> 00:02:46,160 Speaker 1: amnuments cause, not accept profits or benefits from doings with 46 00:02:46,200 --> 00:02:49,000 Speaker 1: foreign governments, or do what the Constitution says he must do, 47 00:02:49,040 --> 00:02:51,919 Speaker 1: which is to go to Congress and get permission. Richard. 48 00:02:52,080 --> 00:02:56,320 Speaker 1: The Trump administration is arguing that Crew and other plaintiffs 49 00:02:56,680 --> 00:03:00,760 Speaker 1: lacked the legal standing to sue that they can claim 50 00:03:00,800 --> 00:03:04,080 Speaker 1: the kind of injury from his alleged violation of the 51 00:03:04,240 --> 00:03:08,480 Speaker 1: Monuments Clause that's needed. How do you answer that, Well, 52 00:03:08,520 --> 00:03:11,760 Speaker 1: we believe we do have a standing under the standing 53 00:03:11,840 --> 00:03:15,440 Speaker 1: case law in the Second Circuit UH, where we have 54 00:03:15,480 --> 00:03:17,800 Speaker 1: brought the case in the Southern District of New York. 55 00:03:17,919 --> 00:03:20,880 Speaker 1: We have had to developed very substantial resources to dealing 56 00:03:20,960 --> 00:03:25,280 Speaker 1: with this new avenue and very dangerous avenue corruption that 57 00:03:25,360 --> 00:03:30,480 Speaker 1: the founders anticipated when they drafted the Miamus Clause UH, 58 00:03:30,480 --> 00:03:33,640 Speaker 1: and that is foreign governments seeking to influence the United 59 00:03:33,639 --> 00:03:38,880 Speaker 1: States government officials through unconstitutional payments on profits and benefits. 60 00:03:38,920 --> 00:03:41,520 Speaker 1: And so we believe we do have standing, and that's 61 00:03:41,560 --> 00:03:44,240 Speaker 1: one of the issues that Judge Daniels is gonna have 62 00:03:44,400 --> 00:03:48,120 Speaker 1: to the thaw. As former White House ethics lawyer Richard 63 00:03:48,120 --> 00:03:51,280 Speaker 1: Painter speaking with Bloomberg student Grosso and Greg Sture. You 64 00:03:51,320 --> 00:03:53,640 Speaker 1: can listen to Bloomberg Law weekdays at one pm Wall 65 00:03:53,680 --> 00:03:56,920 Speaker 1: Street Time here on Bloomberg Radio, and find more legal 66 00:03:56,920 --> 00:03:59,920 Speaker 1: news at Bloomberg law dot com. Attorneys will find a 67 00:04:00,000 --> 00:04:03,120 Speaker 1: septional legal research and business development tools there as well. 68 00:04:03,480 --> 00:04:06,440 Speaker 1: Visit Bloomberg Law dot com for more information.