CREW v. Donald J. Trump
On January 25, 2021, the Supreme Court dismissed the emoluments cases because Donald Trump left office, rendering them moot. This important litigation made the American people aware of the pervasive corruption that resulted from a president maintaining a global business and accepting payments from foreign and domestic governments. Only Trump losing the presidency and leaving office ended these corrupt constitutional violations and the need for these groundbreaking lawsuits.
Read our full statement hereOn January 23, 2017, Citizens for Responsibility and Ethics in Washington filed a lawsuit against Donald J. Trump to stop him from violating the Constitution by illegally receiving payments from foreign governments.
The foreign emoluments clause of the Constitution prohibits Trump from receiving anything of value from foreign governments, including foreign government-owned businesses, without the approval of Congress. Since Trump has refused to divest from his businesses, he is now getting cash and favors from foreign governments, through guests and events at his hotels, leases in his buildings, and valuable real estate deals abroad. Trump does business with countries like China, India, Indonesia and the Philippines, and now that he is President, his company’s acceptance of any benefits from the governments of those countries violates the Constitution. When Trump the president sits down to negotiate trade deals with these countries, the American people will have no way of knowing whether he will also be thinking about the profits of Trump the businessman.
Lawsuit Documents
Key milestones: On October 18, 2017, CREW and its co-plaintiffs presented their arguments before Judge Daniels in the Southern District of New York. Judge Daniels later granted the Defendant’s motion to dismiss. Plaintiffs appealed the decision, and on September 13, 2019, the US Court of Appeals for the Second Circuit released an opinion ruling in CREW’s favor. On October 28, 2019, Defendants filed a petition for rehearing en banc and won en banc in August 2020. Trump filed a petition for cert in the Supreme Court. On January 25, 2021, the Supreme Court dismissed this emoluments case because Donald Trump left office, rendering it moot.
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ComplaintJanuary 23, 2017
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Defendant's Motion to DismissJune 9, 2017
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Memo. in support of Def.'s Motion to DismissJune 9, 2017 - Memorandum in Support of Defendant's Motion to Dismiss
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Seth Barrett Tillman Amicus CuriaeJune 16, 2017 - Scholar Seth Barrett Tillman Amicus Curiae in Support of the Defendant
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Declaration of Deepak GuptaAugust 4, 2017
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Definition of "Emolument"August 4, 2017 - Definition of "Emolument" in English Language and Legal Dictionaries (1523 - 1806)
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Appendix A: "Emolument" in Dictionary pt. 1August 4, 2017 - Appendix A: "Emolument" in English Language Dictionaries (1604-1806) - Part 1
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Appendix A: "Emolument" in Dictionary pt. 2August 4, 2017 - Appendix A: "Emolument" in English Language Dictionaries (1604-1806) - Part 2
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Appendix A: "Emolument" in Dictionary pt. 3August 4, 2017 - Appendix A: "Emolument" in English Language Dictionaries (1604-1806) - Part 3
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Appendix A: "Emolument" in Dictionary pt. 4August 4, 2017 - Appendix A: "Emolument" in English Language Dictionaries (1604-1806) - Part 4
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Appendix A: "Emolument" in Dictionary pt. 5August 4, 2017 - Appendix A: "Emolument" in English Language Dictionaries (1604-1806) - Part 5
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Appendix A: "Emolument" in Dictionary pt. 6August 4, 2017 - Appendix A: "Emolument" in English Language Dictionaries (1604-1806) - Part 6
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Appendix A: "Emolument" in Dictionary pt. 7August 4, 2017 - Appendix A: "Emolument" in English Language Dictionaries (1604-1806) - Part 7
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Appendix A: "Emolument" in Dictionary pt. 8August 4, 2017 - Appendix A: "Emolument" in English Language Dictionaries (1604-1806) - Part 8
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Appendix A: "Emolument" in Dictionary pt. 9August 4, 2017 - Appendix A: "Emolument" in English Language Dictionaries (1604-1806) - Part 9
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Appendix A: "Emolument" in Dictionary pt. 10August 4, 2017 - Appendix A: "Emolument" in English Language Dictionaries (1604-1806) - Part 10
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Declaration of Thomas ColicchioAugust 4, 2017
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Declaration of Saru JayaramanAugust 4, 2017
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Declaration of James MalliosAugust 4, 2017
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Declaration of Eric GoodeAugust 4, 2017
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Declaration of Jill PhaneufAugust 4, 2017
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Declaration of Christopher C. Muller, PH.DAugust 4, 2017 - Declaration of Christopher C. Muller, PH.D
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CREW Memo in Opposition to Motion to DismissAugust 4, 2017 - CREW et al Memorandum in Opposition to the Motion to Dismiss
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Declaration of Rachel J Roginsky, ISHCAugust 4, 2017 - Declaration of Rachel J Roginsky, ISHC
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Sarah P. Chayes Amica CuriaeAugust 18, 2017 - Sarah P. Chayes Amica Curiae in Support of the Plaintiffs
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Amici Curiae - Sen. Blumenthal and Rep. Coyers, JrAugust 18, 2017 - Senator Richard Blumenthal and Rep. John Coyers, Jr. Amici Curiae Brief in Support of the Plaintiffs
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21 Scholars of Law Amici CuriaeAugust 11, 2017 - 21 Scholars of Law Amici Curiae Brief in Support of the Plaintiffs
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Legal Historians' Amicus CuriaeAugust 11, 2017 - Legal Historians' Amicus Curiae Brief on Behalf of Plaintiffs
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Brief of Former Government Ethics OfficersAugust 11, 2017 - Brief of Former Government Ethics Officers as Amici Curiae Supporting Plaintiffs
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JED Motion to Join Tillman AmicusSeptember 19, 2017 - Scholar Seth Barrett Tillman's Motion to Appear Jointly with Judicial Education Project as Amici Curiae in Support of the Defendant
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Tillman's Motion For LeaveSeptember 21, 2017 - Tillman's Motion For Leave to File Response to Legal Historians
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Order Denying Tillman's Motion For LeaveSeptember 21, 2017 - Order Denying Tillman's Motion For Leave to Respond To Amici Curiae by Legal Historians
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Defendant's Reply In Support of His MTDSeptember 22, 2017 - Defendant's Reply In Support of His Motion To Dismiss
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Legal Historian's Letter - Correction of FootnoteOctober 3, 2017 - Legal Historian's Letter - Correction of Footnote
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Gupta Letter To The CourtOctober 6, 2017 - Gupta Letter To The Court - Re: Notice of Supplemental Authority
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Congressional Ethics ReportOctober 7, 2017
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Transcript of Oral ArgumentOctober 18, 2017
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Deputy Assistant AG Letter to the CourtOctober 25, 2017 - Deputy Assistant Attorney General Letter to The Court - Correction of A Misstatement
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Motion to Dismiss Opinion and OrderDecember 21, 2017
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Notice of AppealFebruary 16, 2018
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Plaintiff's Second Circuit BriefApril 24, 2018
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Brief for Appellee President Donald J. TrumpMay 29, 2018 - Brief for Appellee President Donald J. Trump
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Amicus Brief of Barrett TillmanJune 5, 2018
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Reply of Plaintiff's- AppellantsJune 27, 2018
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Letter from DOJ to 2nd CircuitJuly 15, 2019
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Second Circuit OpinionSeptember 13, 2019
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Petition for Rehearing En BancOctober 28, 2019