Dems’ Emoluments Suit Moves To Discovery After Judge Rejects Trump Delay

Trump National Doral in Miami (MICHELE EVE SANDBERG/AFP/Getty Images)

The federal judge in congressional Democrats’ Emolument Clause lawsuit against President Donald Trump has yet again rejected an attempt by the President to derail the case.

In a 12-page opinion Tuesday, Judge Emmet Sullivan rejected Justice Department lawyers’ attempt to delay the discovery phase of the suit by appealing Sullivan’s previous opinions.

Contrary to the requirements of the law governing such “interlocutory” appeals, Sullivan wrote, “the President has made little effort to demonstrate” that an appeal would “materially advance the ultimate termination of the litigation.”

He added later: “This case will be poised for resolution within six months; an immediate appeal would hardly materially advance its ultimate termination.”

In other words: Not good enough.

Rather than delaying the case to wait for an appeal of his previous rulings — which established that members of Congress have standing to sue the President, and established a definition for “emolument,” among other things — Sullivan scheduled the case’s conclusion.

In a separate filing, the judge ordered that the discovery phase will begin on Friday and conclude on Sept. 27.

Dear Reader,

When we asked recently what makes TPM different from other outlets, readers cited factors like honesty, curiosity, transparency, and our vibrant community. They also pointed to our ability to report on important stories and trends long before they are picked up by mainstream outlets; our ability to contextualize information within the arc of history; and our focus on the real-world consequences of the news.

Our unique approach to reporting and presenting the news, however, wouldn’t be possible without our readers’ support. That’s not just marketing speak, it’s true: our work would literally not be possible without readers deciding to become members. Not only does member support account for more than 80% of TPM’s revenue, our members have helped us build an engaged and informed community. Many of our best stories were born from reader tips and valuable member feedback.

We do what other news outlets can’t or won’t do because our members’ support gives us real independence.

If you enjoy reading TPM and value what we do, become a member today.

Latest News
Masthead Masthead
Founder & Editor-in-Chief:
Executive Editor:
Managing Editor:
Associate Editor:
Investigations Desk:
Editor at Large:
General Counsel:
Head of Product:
Director of Technology:
Associate Publisher:
Front End Developer:
Senior Designer: