| Citizens for Responsibility and Ethics in Washington v. Trump | |
|---|---|
| Court | United States Court of Appeals for the Second Circuit |
| Full case name | Citizens for Responsibility and Ethics in Washington, Restaurant Opportunities Centers United, Inc., Jill Phaneuf, and Eric Goode, Plaintiffs-Appellants, v. Donald J. Trump, in his official capacity as President of the United States of America, Defendant-Appellee. |
| Argued | October 30, 2018 |
| Decided | September 13, 2019 |
| Case history | |
| Prior history | 276 F. Supp. 3d 174 (S.D.N.Y. 2018) |
| Holding | |
| Plaintiffs have standing to bring an Emoluments Clause suit against President Donald Trump.[1] | |
| Court membership | |
| Judges sitting | Pierre N. Leval, Christopher F. Droney, John M. Walker, Jr.[1] |
| Case opinions | |
| Majority | Leval, joined by Droney |
| Dissent | Walker |
Citizens for Responsibility and Ethics in Washington v. Trump was a case brought before the United States District Court for the Southern District of New York. The plaintiffs,[2][3] watchdog group Citizens for Responsibility and Ethics in Washington (CREW), hotel and restaurant owner Eric Goode, an association of restaurants known as ROC United, and an Embassy Row hotel event booker named Jill Phaneuf alleged that the defendant, President Donald Trump, was in violation of the Foreign Emoluments Clause, a constitutional provision that bars the president or any other federal official from taking gifts or payments from foreign governments. CREW filed its complaint on January 23, 2017, shortly after Trump was inaugurated as president. An amended complaint, adding the hotel and restaurant industry plaintiffs, was filed on April 18, 2017.[4] A second amended complaint was filed on May 10, 2017.[5] CREW was represented by several prominent lawyers and legal scholars in the case.[6][7][8]
U.S. District Judge George B. Daniels dismissed the case on December 21, 2017, holding that plaintiffs lacked standing.[9][10] On appeal, the U.S. Court of Appeals for the Second Circuit reversed the dismissal, reinstated the suit, and remanded the case to the district court for further proceedings.[1] In January 2021, the U.S. Supreme Court instructed the lower courts to dismiss the case (and a similar case brought by Maryland and the District of Columbia) as moot, because Trump was no longer president.[11]
- ^ a b c Sharon LaFraniere, U.S. Appeals Court Reinstates Emoluments Case Against Trump, The New York Times (September 13, 2019).
- ^ "House Democrats have oversight investigation plans far beyond Russia probe". NBC News. November 9, 2018. Retrieved December 16, 2018.
- ^ Samuels, Brett (May 16, 2018). "Ethics watchdog: Trump should have disclosed Cohen payment last year". The Hill. Retrieved December 16, 2018.
- ^ "Lawsuit accusing Trump of violating the Constitution just expanded". CNBC. Reuters. April 18, 2017. Archived from the original on April 21, 2017. LaFraniere, Sharon (April 18, 2017). "Watchdog Group Expands Lawsuit Against Trump". The New York Times. Retrieved June 11, 2017.
- ^ "CREW v. Trump Adds New Plaintiff" (Press release). Citizens for Responsibility and Ethics in Washington. May 10, 2017. Retrieved June 10, 2017.
- ^ Complaint, Citizens for Responsibility and Ethics in Washington, No. 1:17-cv-00458 (S.D.N.Y. Jan. 23, 2017)
- ^ Fahrenthold, David A.; O'Connell, Jonathan (January 22, 2017). "Liberal watchdog group sues Trump, alleging he violated constitutional ban". The Washington Post.
- ^ David A. Fahrenthold; Jonathan O'Connell (January 23, 2017). "What is the 'Emoluments Clause'? Does it apply to President Trump?". The Washington Post.
- ^ "Judge dismisses lawsuit alleging Trump violated Constitution". The Washington Post. December 21, 2017.
- ^ Citizens for Responsibility and Ethics in Washington v. Trump, 17 Civ. 458 (S.D.N.Y. Dec. 21, 2017).
- ^ de Vogue, Ariane; Cole, Devan (January 25, 2021). "Supreme Court dismisses emoluments cases against Trump". CNN.