The attorneys general of Maryland and the District of Columbia on Monday filed a lawsuit claiming that government payments to President Donald Trump's businesses violate the U.S. Constitution.
The suit, which was filed in U.S. District Court in Maryland, is the third such lawsuit against Trump, arguing that the president is violating key parts of the Constitution created to ensure that the country's leader is not beholden to foreign interests.
Their suit, filed in Maryland federal court, alleges that Trump's real estate and business holdings violate a little-known emoluments clause of the Constitution which bar the President and other government employees from accepting foreign gifts and payments without congressional approval.
Trump's foreign business dealings and potential conflicts of interest have been controversial since the campaign, but now D.C. and Maryland are demanding transparency within the Trump Administration to ease citizens' concerns. "We can not treat the president's ongoing violations of the Constitution and his disregard of the rights of the American people as the new and accepted status quo".
"We are a nation of laws and no one - including the president of the United States - is above the law", said Racine.
White House press secretary Sean Spicer on Monday rejected the claim that Trump's business interests violated the Constitution and said "partisan politics" were behind the lawsuit. The clause prohibits federal officials from accepting any gifts or emoluments, roughly defined as fees or profits, from foreign powers.
Trump's lawyers maintain that market-rate payments for goods and services at Trump's hotels, golf courses and other businesses are not "emoluments" as defined by the Constitution.
The suit to be unveiled Monday centres on the so-called emoluments clause, which bans USA officials from taking gifts or other benefits from foreign governments.
"If the attorneys general are successful in getting his tax returns subpoenaed, that would be a big problem for the president", Republican strategist Rick Tyler told MSNBC.
The suit will seek an injunction to force Trump to stop violating the Constitution, but will leave it up to the court to decide how that should be accomplished.
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Trump has stepped back from daily management of his businesses, which have been placed into a trust run by his sons and another close associate.
The DOJ will represent the president in the case, Frosh said, and is expected to move to dismiss, as it did in a case in the Southern District of NY.
The suit contends it's not clear whether he is making decisions in the country's best interest or out of "self-interested motivations grounded in the global and domestic business dealings in which President Trump's personal fortune is at stake".
"This case is, at its core, about the right of Marylanders, residents of the District of Columbia and all Americans to have honest government", said Frosh.
Trump appeared to try and combat this issue when, in January, Trump said he would donate any money received from foreign governments through his hotels to the U.S. Treasury.
Since then, a restaurant group and two individuals in the hotel industry joined as plaintiffs.
This is the first time a lawsuit like this has been brought by state governments against a president.
"We do not sue the president of the United States casually", Maryland Attorney General Brian Frosh said. "The suit was filed by two Democratic attorney generals".
But the suit also alleges foul play stateside, claiming Trump has received unconstitutional financial favors from the US government!
In order to prove this accusation, the lawsuit demands that Donald Trump make available his income tax returns in order for the plaintiffs to prove their case.
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