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Friday, July 10, 2020

Extract from ‘Politico’


Josh Gerstein, Trump poised to run out political clock on emoluments suits, Politico (July 9, 2020, 11:34 PM EDT), <https://www.politico.com/news/2020/07/09/trump-emoluments-suits-355787>:

One legal expert who has submitted amicus briefs challenging the legal theory behind the suits faulted all sides in the litigation and the courts for allowing the cases to drag out for years.


‘The attorneys general [for Maryland and DC] filed their case 5 months after [the] parallel Foreign Emoluments Clause action in a federal court in New York ... They never sought a preliminary injunction, which would have been likely to push the litigation forward on an expedited schedule,’ said Seth [Barrett] Tillman, a lecturer in law at Ireland’s Maynooth University. ‘Their complaining about delay, at best, shows a lack of introspection.’

FYI: Tillman’s original e-mail to the Josh Gerstein, reporter:

It is a bit much for plaintiffs, Maryland Attorney General Brian Frosh and D.C. Attorney General Karl Racine, to “complain about the continued delays in the case.” They have caused delay in this litigation from the beginning. The Attorneys General filed their case 5 months after plaintiffs filed a parallel Foreign Emoluments Clause action in a federal court in New York. 

Then, 8 months later, they filed an amended complaint. They never sought a preliminary injunction, which would have been likely to push the litigation forward on an expedited schedule. They initially brought this action against the President exclusively in his official capacity, but later, they added a claim against the President as an individual—they then litigated this latter claim—and, afterwards, they sought to drop this claim. During this entire time, the Attorneys General action was paid for by the taxpayer, but the President was paying for his own defense out-of-pocket, and then, after they litigated this claim, they dropped their claim against the President—all without a word of explanation to the press or public.

Finally, they consistently filed their papers on the due dates, as opposed to in advance of the due dates—again, doing absolutely nothing to move this litigation forward expeditiously. Their complaining about delay, at best, shows a lack of introspection.

Seth Barrett Tillman, Extract from ‘Politico,’ New Reform Club (July 10, 2020, 1:22 PM), <https://reformclub.blogspot.com/2020/07/extract-from-politico.html> (quoting Tillmans e-mail to Gerstein);






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