WEBVTT - Bloomberg Law Brief: Emoluments Case Against Trump (Audio)

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<v Speaker 1>Well, now it's time for our Bloomberg Law Report. Let's

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<v Speaker 1>with Steve Podusk in the Bloomberg Washington Newsroom. Sponsors of

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<v Speaker 1>Bloomberg Law everything you need, all on one legal research platform,

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<v Speaker 1>at Bloomberg Law dot com. Now another legal news Let's

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<v Speaker 1>take a look at a case claiming President Trump is

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<v Speaker 1>violating the Constitutions for an Emoluments Clause, a rarely invoked

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<v Speaker 1>provision that bars federal office holders from taking gifts and

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<v Speaker 1>payments from other governments. For more on this story, Bloomberg, Lahos,

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<v Speaker 1>Jing Grosso, and Greg Sture speak with Richard Painter, a

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<v Speaker 1>former White House ethics lawyer and vice chairman of Citizens

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<v Speaker 1>for Responsibility and Ethics in Washington. That's the watchdog group

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<v Speaker 1>responsible for the lawsuit against President Trump. One of the

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<v Speaker 1>issues Judge Daniels asked about was basically, why is this

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<v Speaker 1>thing in court? The Constitution says that Congress can authorize

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<v Speaker 1>a monuments, So why isn't this something that's better off

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<v Speaker 1>being dealt with in the political process rather than the courts. Well,

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<v Speaker 1>the Constitution says that the anybody holding a position of

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<v Speaker 1>trusts with the United States government may not receive a

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<v Speaker 1>present or an a monument, in a monument being a

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<v Speaker 1>profit or benefit from a foreign government without the consent

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<v Speaker 1>of Congress. So a president has the option of going

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<v Speaker 1>to Congress and asking for consent to receive profits and

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<v Speaker 1>benefits from dealings with foreign governments, whether it's foreign diplomat

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<v Speaker 1>staying in the hotels and running out the ball rooms,

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<v Speaker 1>or whether it's the financial support that the Trump business

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<v Speaker 1>empire very likely guests from banks controlled by foreign governments.

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<v Speaker 1>We know about the Bank of China extending some substantial loans,

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<v Speaker 1>and there may very well be others and sovereign wealth funds.

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<v Speaker 1>So he could go to Congress for permission. But when

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<v Speaker 1>he doesn't do that, he's in violation of the Constitution. UH.

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<v Speaker 1>And we are asking the judge to require the President

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<v Speaker 1>in an injunction uh to Hoi to comply with the

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<v Speaker 1>amnuments cause, not accept profits or benefits from doings with

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<v Speaker 1>foreign governments, or do what the Constitution says he must do,

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<v Speaker 1>which is to go to Congress and get permission. Richard.

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<v Speaker 1>The Trump administration is arguing that Crew and other plaintiffs

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<v Speaker 1>lacked the legal standing to sue that they can claim

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<v Speaker 1>the kind of injury from his alleged violation of the

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<v Speaker 1>Monuments Clause that's needed. How do you answer that, Well,

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<v Speaker 1>we believe we do have a standing under the standing

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<v Speaker 1>case law in the Second Circuit UH, where we have

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<v Speaker 1>brought the case in the Southern District of New York.

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<v Speaker 1>We have had to developed very substantial resources to dealing

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<v Speaker 1>with this new avenue and very dangerous avenue corruption that

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<v Speaker 1>the founders anticipated when they drafted the Miamus Clause UH,

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<v Speaker 1>and that is foreign governments seeking to influence the United

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<v Speaker 1>States government officials through unconstitutional payments on profits and benefits.

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<v Speaker 1>And so we believe we do have standing, and that's

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<v Speaker 1>one of the issues that Judge Daniels is gonna have

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<v Speaker 1>to the thaw. As former White House ethics lawyer Richard

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<v Speaker 1>Painter speaking with Bloomberg student Grosso and Greg Sture. You

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<v Speaker 1>can listen to Bloomberg Law weekdays at one pm Wall

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