1 00:00:00,080 --> 00:00:02,960 Speaker 1: It's surprising to students of the law that the average 2 00:00:03,000 --> 00:00:06,760 Speaker 1: well informed American now knows about a clause in Article one, 3 00:00:06,840 --> 00:00:11,040 Speaker 1: Section four of the Constitution, the Emoluments Clause, thanks to 4 00:00:11,200 --> 00:00:15,760 Speaker 1: businessman President Donald Trump. The clause prohibits federal officials, certainly 5 00:00:15,760 --> 00:00:18,680 Speaker 1: the president, from accepting anything of value from a foreign 6 00:00:18,720 --> 00:00:22,400 Speaker 1: government without the consent of Congress. Talk about whether Trump 7 00:00:22,480 --> 00:00:26,320 Speaker 1: is violating the emoluments Clause by accepting payments from foreign 8 00:00:26,320 --> 00:00:30,040 Speaker 1: governments through his business empire turned into a federal lawsuit 9 00:00:30,120 --> 00:00:34,040 Speaker 1: by a DC based watchdog group in January. That lawsuit 10 00:00:34,080 --> 00:00:36,760 Speaker 1: has been strengthened by the addition of two new plaintiffs, 11 00:00:36,880 --> 00:00:40,400 Speaker 1: an association of restaurants and restaurant workers and a woman 12 00:00:40,400 --> 00:00:44,200 Speaker 1: who books banquet halls for two DC hotels. Our guest 13 00:00:44,280 --> 00:00:46,680 Speaker 1: is Richard Painter. He's a professor at the University of 14 00:00:46,720 --> 00:00:50,320 Speaker 1: Minnesota Law School and a former White House ethics lawyer. 15 00:00:51,040 --> 00:00:54,600 Speaker 1: Richard does the addition of the new plaintiffs help get 16 00:00:54,640 --> 00:00:58,160 Speaker 1: over the hurdle of standing to file the lawsuit, which 17 00:00:58,240 --> 00:01:04,559 Speaker 1: is the legal requirement that the plaintive actually suffered actual harm. Well, 18 00:01:05,319 --> 00:01:08,240 Speaker 1: I believe that we had standing to begin with, as 19 00:01:08,040 --> 00:01:13,400 Speaker 1: the citizens for responsibility and ethnics in Washington Crew because 20 00:01:13,680 --> 00:01:16,679 Speaker 1: we as a nonprofit organization, worked for many years to 21 00:01:16,760 --> 00:01:19,880 Speaker 1: address conflicts of interests and ethics problems in government and 22 00:01:19,880 --> 00:01:24,240 Speaker 1: now have to devote substantial resources to addressing this problem 23 00:01:24,280 --> 00:01:29,759 Speaker 1: of the monuments or foreign government payoffs uh to the president. UH. 24 00:01:29,800 --> 00:01:32,840 Speaker 1: So I believe we had a very strong standing argument. 25 00:01:33,200 --> 00:01:37,560 Speaker 1: But these other plaintiffs have different standing arguments of economic 26 00:01:37,600 --> 00:01:41,840 Speaker 1: harms to their business or to their employment from the 27 00:01:41,840 --> 00:01:46,680 Speaker 1: president's receipt of business from foreign governments at his hotels, 28 00:01:46,720 --> 00:01:50,000 Speaker 1: and so we welcome them to the to the lawsuit. Uh. 29 00:01:50,040 --> 00:01:53,480 Speaker 1: And we're all arguing the same uh thing with the 30 00:01:53,480 --> 00:01:56,480 Speaker 1: respect of the underlying violation of the Constitution, which is 31 00:01:56,520 --> 00:02:00,400 Speaker 1: the receipt of foreign government of payments and benefits by 32 00:02:00,440 --> 00:02:05,520 Speaker 1: the President's businesses, which is specifically prohibited under the Constitution 33 00:02:05,560 --> 00:02:09,800 Speaker 1: because the founders did not want our government officials um 34 00:02:09,960 --> 00:02:13,880 Speaker 1: uh doing business and in fact with foreign governments there's 35 00:02:13,960 --> 00:02:16,760 Speaker 1: just too much run for conflict of interest there, and 36 00:02:16,800 --> 00:02:20,359 Speaker 1: that's why it's prohibited at the Constitution. Richard, what is it, 37 00:02:20,760 --> 00:02:23,799 Speaker 1: uh that hard to get a direct competitor of the 38 00:02:24,120 --> 00:02:26,679 Speaker 1: Trump hotel aboard as a plaintiffs so this is a 39 00:02:26,960 --> 00:02:29,680 Speaker 1: is an association of restaurants and restaurant workers, and a 40 00:02:29,680 --> 00:02:32,200 Speaker 1: woman who books banquet halls. It would seem like the 41 00:02:32,240 --> 00:02:34,800 Speaker 1: clearest case for somebody who could sue would be would 42 00:02:34,800 --> 00:02:37,880 Speaker 1: be somebody who can say, you know, my business, uh, 43 00:02:37,919 --> 00:02:41,840 Speaker 1: directly competes with the hotel and we're losing customers. Well, 44 00:02:41,880 --> 00:02:46,640 Speaker 1: I think the banquet halls. Uh. Uh A question here 45 00:02:46,720 --> 00:02:51,480 Speaker 1: are competing banquet halls. Uh. The question is whether someone 46 00:02:51,560 --> 00:02:53,239 Speaker 1: wants to bring a lot of suit against the President 47 00:02:53,240 --> 00:02:56,160 Speaker 1: of United Sates, particularly a chain of hotels. That's not 48 00:02:56,639 --> 00:02:59,400 Speaker 1: all what a lot of chain hotel chains are necessarily 49 00:02:59,400 --> 00:03:02,799 Speaker 1: gonna want to do at this charcture. Uh. So you 50 00:03:02,919 --> 00:03:05,360 Speaker 1: need someone who not only has a very good spanning argument, 51 00:03:05,800 --> 00:03:10,480 Speaker 1: but who wants to bring the suit. Richard, Lots of 52 00:03:10,520 --> 00:03:14,400 Speaker 1: people in lots of organizations have been trying to get 53 00:03:14,480 --> 00:03:18,160 Speaker 1: Trump to give his tax returns to reveal them to 54 00:03:18,240 --> 00:03:21,720 Speaker 1: the public. Professor Larry Tribe, who is one of the 55 00:03:21,760 --> 00:03:24,960 Speaker 1: lawyers on the case, said he thinks the district court 56 00:03:25,000 --> 00:03:29,520 Speaker 1: will have every reason to compel disclosure of Trump's tax 57 00:03:29,560 --> 00:03:34,440 Speaker 1: returns in the lawsuit. Explain why if you agree, Well, 58 00:03:35,000 --> 00:03:37,520 Speaker 1: yes I do, and Larry tried Bisco Council with me 59 00:03:37,720 --> 00:03:40,680 Speaker 1: on that case. I am representing Crew on with Norman 60 00:03:40,800 --> 00:03:44,680 Speaker 1: Eisen who was the former chief ethic player for President Obama. 61 00:03:44,720 --> 00:03:46,920 Speaker 1: I was the former chief ethnic player for President of PLUSH. 62 00:03:47,520 --> 00:03:50,040 Speaker 1: So we're all working of four Crew representing Crew in 63 00:03:50,080 --> 00:03:53,920 Speaker 1: this lawsuit. And uh we do believe that the court 64 00:03:54,320 --> 00:03:57,720 Speaker 1: would ask for discovery, should ask for discovery that would 65 00:03:57,720 --> 00:04:03,080 Speaker 1: disclose the underlying payments made two corporations that are controlled 66 00:04:03,080 --> 00:04:06,360 Speaker 1: by the president. Uh, so we can see which faments 67 00:04:06,440 --> 00:04:11,320 Speaker 1: coming from foreign governments and corporations including banks controlled by 68 00:04:11,360 --> 00:04:14,960 Speaker 1: foreign governments to sovereign wealth fund. The tax returns would 69 00:04:14,960 --> 00:04:19,080 Speaker 1: disclosed at least some of that information. So whether we 70 00:04:19,160 --> 00:04:22,040 Speaker 1: get the tax returns or what we get comparable information 71 00:04:22,120 --> 00:04:25,320 Speaker 1: that's even more comprehensive than the tax returns remains to 72 00:04:25,400 --> 00:04:27,880 Speaker 1: be seen. But that's the information we believe this Judge 73 00:04:28,480 --> 00:04:34,240 Speaker 1: um should be disclosed. Uh Judge Abrams and uh we 74 00:04:34,640 --> 00:04:39,680 Speaker 1: uh we were hoping she does. Thank you. Thank you. 75 00:04:39,800 --> 00:04:42,839 Speaker 1: Richard Painter, professor at the University of Minnesota Law School, 76 00:04:42,880 --> 00:04:46,240 Speaker 1: former White House ethics lawyer and one of the lawyers 77 00:04:46,360 --> 00:04:50,440 Speaker 1: who is bringing this case for Crew, which is a 78 00:04:50,440 --> 00:04:53,599 Speaker 1: public interest organization. The plaintiffs have also beefed up that 79 00:04:53,720 --> 00:04:58,520 Speaker 1: lawsuit by adding what it calls gratuitous Chinese trademarks that 80 00:04:58,600 --> 00:05:02,000 Speaker 1: Trump has been granted UH A decade ago, Trump was 81 00:05:02,040 --> 00:05:05,719 Speaker 1: denied trademark protection in China's Trademark office and courts, but 82 00:05:05,800 --> 00:05:08,760 Speaker 1: he was granted trademark protection for a host of goods 83 00:05:08,760 --> 00:05:11,120 Speaker 1: and services after he was sworn in as president.