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

Trump National Doral in Miami (MICHELE EVE SANDBERG/AFP/Getty Images)
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June 25, 2019 5:33 p.m.

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.

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