Roberts Ran Out the Clock on Emoluments
SCOTUS just tossed two lawsuits against Trump for using his presidential office to enrich himself. He had lost in the lower courts, so appealed to the SCOTUS. The cases essentially asserted (correctly) that companies and foreign governments who wanted something from the US government would patronize the Trump Hotel or one of his resorts to get favorable treatment. Trump was well known for doing favors for people who filled his pockets with money. Having lost in lower courts, Trump appealed to the SCOTUS last summer. Roberts ran out the clock and tossed the lawsuits today. The reason? Trump is no longer president, so the case is moot. That’s like saying, “Yes, Mr. Smith did, in fact, murder Mr. Jones over a business dispute. But since Mr. Smith is now retired, and the business is closed, the case no longer applies.” Sorry Ms. Jones.
I’m sure she’ll be lyin in Little Rock. Perfect fit for a state like Arkansas. I spent some time there as a kid visiting my grandparents farm. That was where I first learned what racism is. Doubt anything has changed.
1Moot? Does he not still have the money?
If you rob a bank and he bank later fails, are youhen off the hook?
Is this more Harvard Law thinking? Maybe the accreditation authorities should be inquiring about the quality if instruction there.
2Oops, I was trying to comment on JJ’s Trumpf wreckage about lyin huckabee.
3I don’t know how the innards of the SCOTUS work — like can push-back from the other justices make a difference. If it does, McConnell’s packing of the court worked a treat for Trump.
4Is there a flaw in the system?
1) Trump can’t be charged while he’s a sitting President
2) Trump can’t be charged because he’s no longer President
Was there a brief moment of vulnerability as he left office, perhaps the minutes between Marine One and Air Force One?
5Every GOP Senator should be asked about this and when they vote to acquit his majesty in the upcoming impeachment trial, that answer should be re-broadcast!
6So how’s about legislation to explicitly close the honor system loopholes? What should that look like?
7Actually, this is not a bad thing. The lower courts had ruled against the 45th person, and since the Supremes wouldn’t take it up those decisions stand.
8@ mollusk @8 – Unfortunately, that’s not true SCOTUS remanded the cases back to the lower courts with an order to dismiss as moot. They are wiped off the record.
9Yes, JJ, when you explain it like that it really is weird, isn’t it.
10El Jefe @ 9
Assuming “good government” groups wanted to do something to avoid this sort of moot-i-ness in the future, is there a better approach that might work?
Of the top of my head, I wonder
11* Explicit language from the Congress and signed by the President to make the Constitutional terms explicitly defined and specifying payments must go to the US Treasury, who then will disburse “actual costs” that are documented and applied for? (theory which puts all tangible gifts to the President into “public ownership”)
* removing jurisdictions for fights between Congress and the President to a different court, one which ONLY deals with such issues, which is instituted with tight timelines and no appeals. Maybe made up of a random draw among Circuit court judges who are in “senior status”?
* something else?
This refusal to take up the case because 45 no longer infests the White House is going to hang over the Impeachment trial as well. Mark my words, the R’s are going to cite it as they vote to acquit.
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