What The Media Is Not Reporting (with Update)

This has not been reported much in the media. The Plaintiffs (i.e., the Attorneys General for DC and Maryland) have moved to voluntarily dismiss (without prejudice) their individual capacity claim against the President, and to move forward exclusively with their official capacity claim against the President (in reality a claim against the government, not Donald J. Trump). It is not yet clear if the President will consent to the dismissal! The President's private counsel might take the position that the matter has been fully briefed for nearly 7 months. No oral argument has been held—or, even scheduled. In other words, the President is entitled to have his day in court. Moreover, the President's counsel might take the view that it is better to litigate the matter now and on these facts in the expectation that the President might gain an outright victory and see the matter dismissed with prejudice, than to allow these Plaintiffs to dangle a sword of Damocles over the President's head forever and to bring the same suit forward again at a later date (possibly with new facts which are more helpful to the Plaintiffs).

The President's brief is due later today—then we will know the President's position. 

  

This is all a stunning turn of events. The media is not reporting it.

Update: The President's private counsel filed a reply brief on Friday, December 21, 2018. The President's counsel argued that the federal rules of civil procedure (and appellate procedure) prevent the Plaintiffs from dropping their claim against the President at this late juncture. Courageous! The President wants his day in court—which the Attorneys General for DC and MD are seeking to deny. 

Seth

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Seth Barrett Tillman, What The Media Is Not Reporting (with Update), New Reform Club (Dec. 21, 2018, 7:20 AM) <https://reformclub.blogspot.com/2018/12/what-media-is-not-reporting.html>. 

For a list of all major filings, see: Seth Barrett Tillman, A Work in Progress: Select Bibliography of Court filings and Other Sources Regarding the Foreign and Domestic Emoluments Clauses Cases, New Reform Club (Feb. 28, 2018, 8:59 AM) <https://reformclub.blogspot.com/2018/02/a-work-in-progress-select-bibliography.html>.

THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

Greenbelt Division

Civil Action No. 8:17-cv-01596-PJM

NOTICE OF VOLUNTARY DISMISSAL OF DONALD J. TRUMP, IN HIS INDIVIDUAL CAPACITY, PURSUANT TO FED. R. CIV. P. 41(a)(1)(A)(i)

Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiffs the District of Columbia and the State of Maryland voluntarily dismiss without prejudice the above-captioned action against Donald J. Trump in his individual capacity to allow the claims against President Trump in his official capacity to move forward expeditiously. This notice of dismissal is being filed with the Court before service of either an answer or a motion for summary judgment by Defendant Donald J. Trump in his individual capacity. This notice shall not pertain to the claims brought against Defendant Donald J. Trump in his official capacity.