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Federal Judge Orders Discovery Go-Ahead in Trump Emoluments Case

I think that this is a good decision and the right decision.”
— Attorney Michael Poole

LOS ANGELES, CA, UNITED STATES, November 5, 2018 / -- On Friday, November 2, 2018, Judge Peter Jo Messitte, a Senior United States District Judge of the United States District Court of Maryland, issued a denial of President Donald Trump’s Motion for Leave to Appeal and for a Stay Pending Appeal. President Trump had asked the Court to stay all discovery pending the outcome of his appeal in his ongoing Emoluments Clause case.

Judge Messitte found President Trump’s argument that the Emolument Clause lawsuit serves as a distraction unpersuasive given President Trump’s willingness to engage in all manner of other legal battles. In his decision, Judge Messitte is quoted as saying, “It bears noting that the President himself appears to have had little reluctance to pursue personal litigation despite the supposed distractions it imposes upon his office.” The full decision can be read here.

As such, Judge Messitte ordered the commencement of evidence gathering to move forward unimpeded, which sets up President Trump and his team to have to produce potentially sensitive information about dealings between his Trump International Hotel property in Washington, D.C. and myriad foreign governments, state governments, and the Federal Government.

Regarding the order, Michael D. Poole, a criminal defense attorney with the Esfandi Law Group in Los Angeles said, “I think that this is a good decision and the right decision. Article One, Section Nine and Article Two, Section One of the Constitution are clear in their determination regarding emoluments as benefits. Their inclusion was meant to keep the country free from undue influence and from personal benefit being placed over national interests. Like Justice Brandeis famously said, ‘Sunlight is said to be the best of disinfectants.’ I believe the more discovery and information that is allowed to come to light in this case, the more that justice will be served.”

Now, the governments of Washington, D.C. and Maryland will have 20 days to submit their discovery schedule to the Court.

Anastasiia Ponomarova
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Esfandi Law Group
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