On September 26, 2020, President Donald Trump and his lawyers filed a motion to dismiss a lawsuit alleging that he violated constitutional prohibitions on receiving foreign emoluments while in office. The case, filed in U.S. District Court for the District of Columbia by a group of 200 congressional Democrats, claims Trump violated the Foreign and Domestic Emoluments Clauses of the U.S. Constitution when he accepted foreign government payments for services rendered at his hotels, including a $1 million payment he received from the president of the United Arab Emirates in January 2020.
The complaint alleges that under the emoluments clauses, U.S. officials are prohibited from receiving foreign emoluments without the consent of Congress. Trump’s lawyers argued that the president is not bound by the emoluments clause because he is immune from prosecution while in office. The motion further argues that since the alleged violations are strictly political, the court lacks the power to hear the dispute.
The motion is yet another example of Trump’s ongoing attempts to limit the scope of the Constitution’s limits on the president’s power. Trump has frequently argued that he has expansive powers under the Constitution and has regularly refused to comply with congressional subpoenas or requests for information. Trump and his lawyers have sought to protect the president from legal action by claiming executive immunity. The latest argument seeks to escape legal accountability by arguing that Congress should be the one to adjudicate the merits of the case.
The motion is the latest in a series of challenges to Trump’s presidency. It remains to be seen if the District Court will rule in the president’s favor, but this latest argument marks yet another attempt by Trump to test the boundaries of his presidential power.