DIST. OF COLUMBIA v. TRUMP

No. 18-2488.

930 F.3d 209 (2019)

DISTRICT OF COLUMBIA; State of Maryland, Plaintiffs-Appellees, v. Donald J. TRUMP, President of the United States of America, in his individual capacity, Defendant-Appellant. Scholar Seth Barrett Tillman; Judicial Education Project, Amici Supporting Appellant, Former Government Ethics Officers; Don Fox; Marilyn Glynn; Karen Kucik; Lawrence D. Reynolds; Amy Comstock Rick; Trip Rothschild; Richard M. Thomas; Harvey Wilcox; Leslie Wilcox, Amici Supporting Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: July 10, 2019.


Attorney(s) appearing for the Case

ARGUED: William S. Consovoy , CONSOVOY MCCARTHY PARK PLLC, Arlington, Virginia, for Appellant. Leah J. Tulin , OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees. ON BRIEF: Patrick Strawbridge , Boston, Massachusetts, Thomas R. McCarthy , Bryan K. Weir , Cameron T. Norris , CONSOVOY MCCARTHY PARK PLLC, Arlington, Virginia, for Appellant. Brian E. Frosh , Attorney General, Steven M. Sullivan , Solicitor General, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland; Karl A. Racine , Attorney General, Loren L. AliKhan , Solicitor General, Stephanie E. Litos , Assistant Deputy Attorney General, Civil Litigation Division, OFFICE OF THE ATTORNEY GENERAL OF THE DISTRICT OF COLUMBIA, Washington, D.C.; Noah Bookbinder , Laura C. Beckerman , Nikhel S. Sus , CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON, Washington, D.C.; Deepak Gupta , Joshua Matz , Daniel Townsend , GUPTA WESSLER PLLC, Washington, D.C.; Joseph M. Sellers , Christine E. Webber , COHEN MILSTEIN SELLERS & TOLL PLLC, Washington, D.C., for Appellees. Carrie Severino , JUDICIAL EDUCATION PROJECT, Washington, D.C., for Amicus Judicial Education Project. Robert W. Ray , THOMPSON & KNIGHT LLP, New York, New York; Josh Blackman , Houston, Texas, for Amicus Scholar Seth Barrett Tillman. Jan I. Berlage , GOHN HANKEY & BERLAGE LLP, Baltimore, Maryland, for Amici Scholar Seth Barrett Tillman and The Judicial Education Project. Tejinder Singh , GOLDSTEIN & RUSSELL, P.C., Bethesda, Maryland, for Amici Former Government Ethics Officials, Don Fox, Marilyn Glynn, Karen Kucik, Lawrence D. Reynolds, Amy Comstock Rick, Trip Rothschild, Richard M. Thomas, Harvey Wilcox, and Leslie Wilcox.

Remanded with instructions by published opinion. Judge Niemeyer wrote the opinion, in which Judge Quattlebaum and Senior Judge Shedd joined.


The District of Columbia and the State of Maryland commenced this action against Donald J. Trump in his official capacity as President of the United States and in his individual capacity, alleging that he violated the Foreign and Domestic Emoluments Clauses of the U.S. Constitution. This action is the same as that which...

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