Congressional Democrats to file emoluments lawsuit against Trump – Washington Post
(Jenny Starrs/The Washington Post)
Nearly 200 Democratic members of Congress agreed to file a lawsuit Wednesday against President Trump alleging that by retaining interests in a global business empire he has violated constitutional restrictions on taking gifts and benefits from foreign leaders.
The lead senator filing the complaint in federal district court, Sen. Richard Blumenthal (D-Conn.), said Tuesday that the lawsuit has already drawn more congressional plaintiffs 196 than any legal action previously taken against a president. No Republicans had joined in the lawsuit so far, although they will be invited to do so, Blumenthal said.
An advance copy of the legal complaint reviewed by The Washington Post argues that those in Congress have special standing because the Constitutions foreign emoluments clause requires the president to obtain the consent of Congress before accepting any gifts.
The legal effort, led in the House by Rep. John Conyers Jr. (D-Mich.), is likely to escalate tensions between the White House and Capitol Hill, where at least five committees are investigating various issues related to the Trump administration.
News of the lawsuit emerged less than 24 hours after attorneys general in the District and Maryland, both Democrats, filed suit alleging that payments to Trump violated the Constitutions anti-corruption clauses. In another lawsuit filed against Trump by business competitors, the Justice Department recently defended Trumps actions, arguing that he violated no restrictions by accepting fair-market payments for services.
Legal scholars consulted by the congressional plaintiffs said their complaint is distinctive because of the special standing granted to Congress.
The Framers of our Constitution gave members of Congress the responsibility to protect our democracy from foreign corruption by determining which benefits the president can and cannot receive from a foreign state, said Erwin Chemerinsky, the incoming dean of the law school at the University of California at Berkeley.
When the president refuses to reveal which benefits he is receiving much less obtain congressional consent before accepting them he robs these members of their ability to perform their constitutional role, Chemerinsky said. Congressional lawmakers ... have a duty to preserve the constitutional order in the only way they can: by asking the courts to make the President obey the law.
Other legal scholars were skeptical, particularly since the lawsuit was filed only by Democrats, the minority party in both houses of Congress.
Just because they cant convince their peers doesnt mean you can go to court to get what you want, said Andy Grewal, a law professor at the University of Iowa.
Generally, a lawmaker can sue if he or she has suffered individual injury, Grewal said. In addition, Congress can sue as a body, as has happened in the past, such as with the lawsuit challenging President Barack Obamas health-care overhaul.
But a case like this is problematic, he said,
Because this is individual legislators who dont have any individual injuries, it will be hard for them to get standing, he said.
However, Norman Eisen who served as a co-counsel in the other two emoluments-clause lawsuits, said he thought the congressional plaintiffs in this case do have proper standing to sue. He pointed out that in the lawsuit filed on behalf of Trump competitors, the Justice Department argued that Congress had special capacity to deal with questions related to emoluments.
The White House did not immediately respond to a request for comment Tuesday night, but on Monday, press secretary Sean Spicer dismissed the lawsuit filed by the two state attorneys general, saying its not hard to conclude that partisan politics may be one of the motivations.
The 37-page congressional complaint contends that the nations founders were concerned that foreign powers could interfere with American affairs. The suit says that the founders were particularly worried that foreign states would give benefits and rewards to the nations chief executive to subvert his loyalty.
As a result, they wrote the emoluments clause of the Constitution with language both sweeping and unqualified, the lawmakers lawsuit says.
The obscure clause in ArticleI of the Constitution says: [N]o Person holding any Office of Profit or Trust under [the United States], shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State. The language is interpreted as prohibiting any officeholder including the president from accepting a gift, payment or other benefit from a foreign state without the consent of Congress.
A memo prepared by the Senate plaintiff states that these benefits include any compensation for services rendered in a private capacity such as when a foreign government throws a party at a hotel owned by a federal official.
Although the emoluments clause has a complex history, the request by the lawmakers is rather simple. It asks the court to enjoin the president from accepting any benefits from foreign states without first obtaining Congressional consent.
View original post here:
Congressional Democrats to file emoluments lawsuit against Trump - Washington Post
- Democrats Embrace a Shutdown Fight They Wanted to Avoid - The New York Times - January 26th, 2026 [January 26th, 2026]
- California Democrats to Congress: Shut down the government over ICE shooting death - calmatters.org - January 26th, 2026 [January 26th, 2026]
- Senate Democrats threaten to block DHS funding bill after another person killed in Minneapolis - NBC News - January 26th, 2026 [January 26th, 2026]
- Democrats Who Voted to Fund ICE Distance Themselves From DHS - The New York Times - January 26th, 2026 [January 26th, 2026]
- Surveillance, captive-audience and wholesale pricing are in Colorado Democrats cost-of-living crosshairs - coloradosun.com - January 26th, 2026 [January 26th, 2026]
- Working-Class Voters Shifted Slightly Toward Democrats in the 2025 Gubernatorial Elections - Center for American Progress - January 26th, 2026 [January 26th, 2026]
- Senate Democrats threaten to block DHS funding over Minnesota ICE shootings - localnewslive.com - January 26th, 2026 [January 26th, 2026]
- Senate Democrats to block government funding after second fatal shooting in Minneapolis - The Washington Post - January 26th, 2026 [January 26th, 2026]
- Arizona Democrats rail against ICE violence: What the hell is wrong with us? - azmirror.com - January 26th, 2026 [January 26th, 2026]
- How Democrats and even a few Republicans in Congress are moving to rein in ICE - vox.com - January 26th, 2026 [January 26th, 2026]
- Trump, unbowed by backlash to Minneapolis shooting, blames Democrats for 'chaos' - mprnews.org - January 26th, 2026 [January 26th, 2026]
- White House insists Democrats are to blame for fatal shooting of ICU nurse - CNN - January 26th, 2026 [January 26th, 2026]
- Its Time for Concrete Action on ICE. Sadly, We Have the Democrats. - The Intercept - January 26th, 2026 [January 26th, 2026]
- Sen. Chris Murphy says Democrats "cannot fund this version of the Department of Homeland Security" - CBS News - January 26th, 2026 [January 26th, 2026]
- Senate Democrats want to make it easier to sue federal employees over civil rights - nbcconnecticut.com - January 26th, 2026 [January 26th, 2026]
- Two-Thirds of House Democrats Have Now Signed On to Impeach Kristi Noem - NOTUS News of the United States - January 26th, 2026 [January 26th, 2026]
- US government shutdown looms as Democrats reject DHS funding over ICE issues - France 24 - January 26th, 2026 [January 26th, 2026]
- Democrats are shying away from climate messaging. One of their own is fighting back. - Politico - January 26th, 2026 [January 26th, 2026]
- Schumer: Democrats will block funding package if it includes homeland security money - The Guardian - January 26th, 2026 [January 26th, 2026]
- At New Orleans forum, Democrats criticize Minneapolis shootings, 'ICE invasion of Louisiana' - wwltv.com - January 26th, 2026 [January 26th, 2026]
- Rep. Tom Suozzi of New York, one of seven Democrats who broke from their party to provide the votes to pass a bill to fund the Homeland Security... - January 26th, 2026 [January 26th, 2026]
- Democrats Running for U.S. Senate in Texas Call for Overhaul of ICE - The New York Times - January 26th, 2026 [January 26th, 2026]
- Democrats will not provide votes to advance DHS funding bill in wake of Minneapolis shooting, Schumer says - CBS News - January 26th, 2026 [January 26th, 2026]
- As tensions continue to rise in MN, Natrona County Democrats are reaching out in solidarity - wyomingnewsnow.tv - January 26th, 2026 [January 26th, 2026]
- Roy Cooper Is at the Forefront of Democrats Longshot Bid to Flip the Senate. But What Do Voters Think of Him at Home? - Mother Jones - January 26th, 2026 [January 26th, 2026]
- Senate Democrats and Republicans call for investigation into killing of Alex Pretti - NPR - January 26th, 2026 [January 26th, 2026]
- Florida GOP closes 2025 with biggest ever registration edge over Democrats - floridapolitics.com - January 24th, 2026 [January 24th, 2026]
- Democrats are campaigning as if the 2026 election will be fair. Thats a mistake | Austin Sarat - The Guardian - January 24th, 2026 [January 24th, 2026]
- Maryland Democrats make a new play to redraw their House map for 2026 - NBC News - January 24th, 2026 [January 24th, 2026]
- House moves to finish government funding as Democrats decry Homeland Security bill - ABC News - January 24th, 2026 [January 24th, 2026]
- A year of failures: How Oregon Democrats bungled transportation funding - oregonlive.com - January 24th, 2026 [January 24th, 2026]
- Blair County Democrats tab newcomer for special election to fill 79th District seat - altoonamirror.com - January 24th, 2026 [January 24th, 2026]
- 9 Democrats vote to hold Bill Clinton in contempt of Congress for evading Epstein testimony - Politico - January 24th, 2026 [January 24th, 2026]
- Virginia Democrats aim for April 21 redistricting ballot and more headlines - virginiamercury.com - January 24th, 2026 [January 24th, 2026]
- Jared Golden 1 of 7 House Democrats who voted for DHS spending bill - pressherald.com - January 24th, 2026 [January 24th, 2026]
- Opinion | Democrats finally abandon Bill Clinton - The Washington Post - January 24th, 2026 [January 24th, 2026]
- Democrats condemn ICE after five-year-old detained with father in US raid - The Guardian - January 24th, 2026 [January 24th, 2026]
- House Democrats request prison visit where Maxwell is held - The Hill - January 24th, 2026 [January 24th, 2026]
- Virginia Democrats Weigh Zoning Reform to Boost Housing Supply - wamu.org - January 24th, 2026 [January 24th, 2026]
- Despite Authoritarian Warnings, 149 House Democrats Vote to Hand Trump $840 Billion for Military - Common Dreams - January 24th, 2026 [January 24th, 2026]
- GOP lawmaker's absence nearly hands Democrats win on Trump war powers - Fox News - January 24th, 2026 [January 24th, 2026]
- Its time Democrats accepted the cold reality of ICE | Victoria Hugo-Vidal - pressherald.com - January 24th, 2026 [January 24th, 2026]
- Read Democrats Letter to the Justice Departments Inspector General - The New York Times - January 24th, 2026 [January 24th, 2026]
- Rahm Emanuel critiques Democrats and offers advice for the upcoming midterms - NPR - January 24th, 2026 [January 24th, 2026]
- Here Are All the Democrats Who Voted to Keep Funding ICE - The New Republic - January 24th, 2026 [January 24th, 2026]
- Democrats have a strategy on Trumps Greenland threats: Put Republicans in the hot seat - MS NOW - January 20th, 2026 [January 20th, 2026]
- These Are the 12 States Vying to Kick Off Democrats 2028 Contest - The New York Times - January 20th, 2026 [January 20th, 2026]
- CNN poll: Democrats are deeply motivated for the midterms despite having dismal views of party leaders - CNN - January 20th, 2026 [January 20th, 2026]
- At King Day at the Dome, Democrats urge South Carolinians to get involved and vote - South Carolina Daily Gazette - January 20th, 2026 [January 20th, 2026]
- Republicans and Democrats are trying to contain Trump's Greenland aggression. Will it be enough? - AP News - January 20th, 2026 [January 20th, 2026]
- The Democrats 2028 calendar fight: 12 states apply for a spot at the front of the line - CNN - January 20th, 2026 [January 20th, 2026]
- Education tax credits just launched. Idaho Democrats want to put them on ice - Idaho Statesman - January 20th, 2026 [January 20th, 2026]
- Abolish ICE Is More Popular Than Ever. How Will Democrats Drop the Ball This Time? - The Intercept - January 20th, 2026 [January 20th, 2026]
- Idaho Democrats urge oversight before Disbursement of voucher tax credit funds - KBOI - January 20th, 2026 [January 20th, 2026]
- Democrats push to defund ICE as the House votes this week - WDRB - January 20th, 2026 [January 20th, 2026]
- Two Pa. Democrats sign onto Noem impeachment, as others weigh path forward to rein in ICE - Pennsylvania Capital-Star - January 20th, 2026 [January 20th, 2026]
- Dave Simpson: Is It Possible For Republicans And Democrats To Agree On Anything? - Cowboy State Daily - January 20th, 2026 [January 20th, 2026]
- Maryland Democrats to unveil $25 minimum wage bill at Annapolis rally - CoastTV - January 20th, 2026 [January 20th, 2026]
- Trump Backs Down on Insurrection Act as Democrats Take the Offensive - The New York Times - January 20th, 2026 [January 20th, 2026]
- Democrats and Republicans wrestle over 2026s hottest topic: Affordability - The Baltimore Banner - January 20th, 2026 [January 20th, 2026]
- Democrats in The Villages will be asking What more will it take? - Villages-News.com - January 20th, 2026 [January 20th, 2026]
- Democrats' Affordability Campaign Should Focus on Frozen Wages - The Fulcrum - January 20th, 2026 [January 20th, 2026]
- Republicans and Democrats are trying to contain Trumps Greenland aggression. Will it be enough? - The Boston Globe - January 20th, 2026 [January 20th, 2026]
- Democrats see narrow path to retaking the Senate. Watch these states. - The Washington Post - January 16th, 2026 [January 16th, 2026]
- Letters to the Editor: Democrats need to adapt to fight propaganda from the right - Los Angeles Times - January 16th, 2026 [January 16th, 2026]
- The states fighting to be at the front of Democrats 2028 presidential primary - Politico - January 16th, 2026 [January 16th, 2026]
- Democrats are seeking a trifecta for Wisconsin in the 2026 elections - PBS Wisconsin - January 16th, 2026 [January 16th, 2026]
- Virginia Poised to Redraw House Maps That Could Set Democrats Up for a Win - The New York Times - January 16th, 2026 [January 16th, 2026]
- Democrats see a narrow path to win the Senate, but there's no room for error - PBS - January 16th, 2026 [January 16th, 2026]
- Democrats battle over who votes first in 2028, a proxy for the partys future - The Washington Post - January 16th, 2026 [January 16th, 2026]
- Democrats debate age, power and the partys future at a New Haven bar - Yale Daily News - - January 16th, 2026 [January 16th, 2026]
- Thin GOP majority exposed after NJ Republicans join Democrats to sink labor bill - NJ Spotlight News - January 16th, 2026 [January 16th, 2026]
- Joe Manchin: Democrats have lost their way I want Trump to succeed - The Times - January 16th, 2026 [January 16th, 2026]
- Opinion | Congressional Democrats need to bring a knife to an ICE fight - MS NOW - January 16th, 2026 [January 16th, 2026]
- What Voters Told Democrats About ICE, Rising Costs and Party Perceptions - The New York Times - January 16th, 2026 [January 16th, 2026]
- Pew finds most Democrats think US is losing ground in science - Courthouse News - January 16th, 2026 [January 16th, 2026]
- Democrats introduce articles of impeachment against DHS Secretary Noem after ICE shooting - Scripps News - January 16th, 2026 [January 16th, 2026]
- Democrats outline 'multiple paths' to a Senate majority all through red terrain - NBC News - January 16th, 2026 [January 16th, 2026]
- Democrats launch campaign for Virginia voters to join redistricting fight - The Washington Post - January 16th, 2026 [January 16th, 2026]
- Opinion | Mamdani is showing Democrats the way beyond wokeness - The Washington Post - January 16th, 2026 [January 16th, 2026]