Motion and Brief for Scholar Seth Barrett Tillman as Amicus Curiae in Support of the Defendant, Citizens for Responsibility and Ethics in Washington v. Donald J. Trump, President of the United States of America, Civ. A. No. 1:17-cv-00458-RA (S.D.N.Y. June 16, 2017) (Abrams, J.), https://ssrn.com/abstract=2985843
Brief at page 30 n.122:
Plaintiffs’ Complaint is brought against the President in his “official capacity.” [Second Amended Complaint] at caption, 1, ¶¶ 31, 33. Given that the case could not continue against the President’s successor, this cannot be an “official capacity” suit. See Lewis v. Clarke, 137 S. Ct. 1285, 1292 (2017).
Seth
Seth Barrett Tillman, Plaintiffs' Gambit in CREW v. Trump, New Reform Club (June 21, 2017, 6:12 AM), http://tinyurl.com/y73nkzqu
PS: Professor Chemerinsky is listed as an attorney for Plaintiffs at the end of their Complaint. He has written one of the standard texts on federal courts.
1 comment:
Given that the case could not continue against the President’s successor, this cannot be an “official capacity” suit. See Lewis v. Clarke, 137 S. Ct. 1285, 1292 (2017)
Interesting theory, if I understand correctly. Prof Tribe and his cabal are definitely going after Trump in his individual capacity, alleging personal malfeasance. This would be a matter for Congress and the impeachment process since there is no governing statute on emoluments; Tribe's collection of plaintiffs--such as Trump's business competitors--should have no standing.
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