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Wednesday, October 09, 2019

Why the DOJ Acts for the Defendant in the Emoluments Clauses Cases



October 6, 2019

The Washington Post
Letter to the Editor
letters@washpost.com

Re: David A. Fahrenthold, Ann E. Marimow & Robert Barnes, Justice Department helps Trump fight financial probes, The Washington Post, Oct. 5, 2019, Sect. A, page 5.

Dear Letters Editor,

Your October 6, 2019 article took the position that “federal [government] lawyers have defended” Trump in the three Emoluments Clauses cases. That’s not quite right.

In two of these lawsuits, plaintiffs chose to sue the President exclusively in his official capacity, not in his individual capacity. Such an official-capacity only lawsuit is, in reality, a lawsuit against the government of the United States. In other words, in both of these lawsuits, the President is only a nominal defendant. Where, as here, the government is the actual defendant, Department of Justice attorneys act for the government-defendant. In these two lawsuits, President Trump’s personal attorneys cannot defend the President—for the simple reason that Donald J. Trump, the individual, is not being sued. It is that simple.

In the third lawsuit, plaintiffs initially sued the President exclusively in his official capacity, but later they amended their complaint to also sue the President in his individual capacity. Subsequently, plaintiffs sought to unilaterally and voluntarily dismiss their individual-capacity claim against the President. The President’s personal attorney objected to any such dismissal: he wanted his day in court.

Plaintiffs would much rather litigate against the DOJ—an organization which is wholly unconcerned with the President’s personal and political reputation—a reputation which takes a pounding each and every time the DOJ loses a motion, trial, or appeal even though President is not really the defendant and has no personal day-to-day control over the DOJ and the government-defendant’s legal strategy (as he would have if he were the actual defendant).

Seth Barrett Tillman, Lecturer
Maynooth University Department of Law, Ireland

Tillman, a U.S. national, has filed multiple amicus briefs in the course of the three Emoluments Clauses cases. 


Seth Barrett Tillman, Why the DOJ Acts for the Defendant in the Emoluments Clauses Cases, New Reform Club (Oct. 9, 2019, 4:36 PM), <https://reformclub.blogspot.com/2019/10/why-doj-acts-for-defendant-in.html>. 




8 comments:

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Alexis scorpio From FL Usa said...

My life Was devastated! But All Thanks To Dr happy Who Brought Back My girlfriend after cheating on me and ask for a breakup, Alexis scorpio from FL Usa. I don't believe at first i try to get back with her but all she told me was she’s with someone else. that she is no longer interested in marrying me at that point i was heart broken coz i love my girlfriend so much that i could not let go off her all of a sudden she left me, i really love her and never can imagine my life without her. not until i came across a powerful real spell caster Dr happy who promise me 24hours urgent love spell to get back with my girlfriend, good twenty-four {24} hours. hmm-mm, it was a good night time at 11:pm within the days that Dr happy told me that my girlfriend will be back, at first i heard the bell rings getting close to my door i heard someone saying honey!!!, it sound familiar i opened the door and i saw my girlfriend standing and weeping in front of me. i was not surprised because its all i have been praying for her to come back home. Guess what 2 weeks after she noticed her system and her body temperature was changed and i took her to clinic for check up and the doctor told me that there is life in her which means she was pregnant i really wants to use this opportunity to thanks Dr happy so much and the love page that directed me to Dr happy if you have any problem getting your ex back, or predicament that is worse or exactly like this you have been into, contact Dr happy on happylovespell2@gmail.com Whatsapp/cal +2348133873774
visit his website...happylovespell2.webnode.com/
about his love spell Blogs site.http://happylovespel.blogspot.com.ng/

FLORES said...


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FLORES said...


I will forever be indebted to the great Doctor TAKUTA for fixing my broken marriage after my husband left me for his mistress for 3 months. I never believed in spells until my friend introduced me to him. At first, I was skeptical about him because I heard a lots about false spell casters but I put my doubts behind me for i was desperate to get my husband back and I did according to what he instructed me to do. Now my husband is back just within 48 hours of contacting him. I'm living happily with my husband again after 6 months of divorce and I will not rest till he's known all over the world. He's also specialize in money spells, lottery spells, sickness spells E.T.C. Get connected with Doctor Takuta now, his email is takutaspellalter@gmail.com or WhatsApp on +27788634102

FLORES said...


I will forever be indebted to the great Doctor TAKUTA for fixing my broken marriage after my husband left me for his mistress for 3 months. I never believed in spells until my friend introduced me to him. At first, I was skeptical about him because I heard a lots about false spell casters but I put my doubts behind me for i was desperate to get my husband back and I did according to what he instructed me to do. Now my husband is back just within 48 hours of contacting him. I'm living happily with my husband again after 6 months of divorce and I will not rest till he's known all over the world. He's also specialize in money spells, lottery spells, sickness spells E.T.C. Get connected with Doctor Takuta now, his email is takutaspellalter@gmail.com or WhatsApp on +27788634102

FLORES said...


I will forever be indebted to the great Doctor TAKUTA for fixing my broken marriage after my husband left me for his mistress for 3 months. I never believed in spells until my friend introduced me to him. At first, I was skeptical about him because I heard a lots about false spell casters but I put my doubts behind me for i was desperate to get my husband back and I did according to what he instructed me to do. Now my husband is back just within 48 hours of contacting him. I'm living happily with my husband again after 6 months of divorce and I will not rest till he's known all over the world. He's also specialize in money spells, lottery spells, sickness spells E.T.C. Get connected with Doctor Takuta now, his email is takutaspellalter@gmail.com or WhatsApp on +27788634102

Priya said...

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ancientspiritspellcast@yahoo.com or ancientspiritspellcast@gmail.com 

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Website http://ancientspiritspellcast.website2.me

View more on YouTube: https://youtu.be/jWta3jLP_fo

WhatsApp +2347059715465

Priya said...

Hello everyone i want to testify of the great and powerful spell caster named Priest Ade who brought back my ex who left me and got engaged to another girl,We where happy together when all of a sudden he just change he used to call me every morning and and night before going to bed but all that stopped when i call him he yell at me and told me he didn't want to have anything to do with me anymore i was so sad and confused i didn't know what to do then i went online to search on how to get back my ex then i found an article where someone was talking about how the great and powerful Priest Ade helped her and she left his email address i took it and contacted him i told him my problem he only smiled and told me to relax everything will be OK i did everything he asked me to do and he assured me that after 24hrs he will be back,To my greatest surprise the next morning it was my boyfriend he came back knelling and begging for me to accept him back now we are so happy together he can also help you contact him

ancientspiritspellcast@yahoo.com or ancientspiritspellcast@gmail.com 

https://priestade.blogspot.com

Website http://ancientspiritspellcast.website2.me

View more on YouTube: https://youtu.be/jWta3jLP_fo

WhatsApp +2347059715465