In Re Donald J. Trump

958 F.3d 274 (4th Cir. 2020)


Ps filed this action in the District of Maryland against the President (D)in his official capacity. D owned the Trump International Hotel in Washington, D.C., while he was president. Ps allege that D is violating the Foreign and Domestic Emoluments Clauses of the U.S. Constitution by accepting prohibited 'emoluments' from foreign and domestic governments. The Foreign Emoluments Clause provides: No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, 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. U.S. Const. art. I, § 9, cl. 8. The Domestic Emoluments Clause provides: The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States or any of them. Id. art. II, § 1, cl. 7. D moved to dismiss the complaint for the hotel. The court denied the motion. D appealed for a writ of mandamus. The court granted the motion. Ps petitioned for an en banc hearing.