The recent strike down of President Trump's travel bans gives us a window as to what to expect with other federal court cases especially Emoluments Clause and COIs. There's a theme developing in the federal courts that works against his administration in that his previous pronouncements are being used against him. In the Travel ban case for example, because the President had gone on record numerous times touting a ban on people from majority Muslim countries, that was enough to establish religious animus. This line of judicial thought could also hurt the president in his pending Emolument Clause cases.
In terms of Emoluments Clause he said time and again during the campaign that he would fully divest from his vast businesses if he won the Presidency. These assurances while not legally enforceable demonstrate that when he was running for office, he was fully aware how important these documents were to the voting public, especially as they relate to business conflicts of interest issues. Therefore when a litigant asks a federal judge for a copy of the President's tax returns to prove their conflict of interest or Emoluments Clause case, it will be impossible for the president to offer a credible opposing argument. How do you argue in court against releasing your tax returns when you are on the record promising to do exactly that?
Therefore in much the same way the president's previous pronouncements have cost him regarding the Travel Ban, they are set to do the same with Emoluments Clause cases. However unlike the Travel Ban losses which simply call for a re-drafting, Emoluments Clause losses may become quite problematic, including but not limited to opening the First Family to criminal corruption prosecution. Yours Truly is on record predicting on Twitter as far back as December 2016 that Emoluments Clause is the First Family's Worst Nightmare.
When Emoluments Clause finally brings down the Trump administration, expect some Chest-Thumping I-Told-You-Sos from Yours Truly.
Donate to emolumentsclause.com