Federal judge allows discovery to proceed in Trump emoluments case News
© Wikimedia (Gage Skidmore)
Federal judge allows discovery to proceed in Trump emoluments case

A judge for the US District Court for the District of Maryland, on Friday allowed discovery to proceed in a case against President Donald Trump under the constitution’s emoluments clause, denying two motions by Trump.

Trump’s legal team filed two motions in late September hoping to halt the case: a motion for an interlocutory appeal and a motion to stay the current case until the motion to appeal is ruled on. In the first motion, Trump sought review from the US Court of Appeals for the Fourth Circuit, which oversees the District of Maryland to determine the proper definition of “emolument” and rule on whether the plaintiffs had standing and jurisdiction for this case. The second motion would then halt any progress on this case until a ruling was issued by the Fourth Circuit.

Judge Peter Messitte ruled:

The President has failed to identify a controlling question of law decided by this Court as to which there is substantial ground for difference of opinion justifying appellate review that would materially advance the ultimate termination of the case or even the material narrowing of issues.

Messitte could not identify a question of law worthy of having the Fourth Circuit address either for definition or to limit the scope of the issues and as such found no grounds on which to grant the president’s motion to stay. Messitte then ordered the plaintiffs to present a specific discovery schedule within 20 days.

This is only one of several emoluments cases against the president, which also includes a case brought by Congressional Democrats and a case which was dismissed by a federal judge in the Southern District of New York for lack of standing.