Sen. Richard Blumenthal, D-Connecticut, and the other members allege in the lawsuit that the President is violating the emoluments clause of the Constitution by not seeking their approval for his businesses to accept payments from foreign governments.
Ruling on the President’s motion to dismiss the lawsuit, District Judge Emmet Sullivan held that the Democrats have standing to proceed on their complaint, holding that they properly alleged they suffered an injury for not being able to vote on the President’s perceived receipt of payments from foreign governments.
The Democratic members of Congress’ “well-pleaded complaint alleges that the President has accepted prohibited foreign emoluments without first seeking the consent of Congress,” Judge Sullivan wrote. “The alleged injury is therefore directly traceable to the President’s alleged failure to seek Congressional consent.”
Attorneys for the Trump Organization did not return an immediate request for comment from CNN on Friday night. CNN’s request for comment to the Justice Department, which is representing Trump, was not immediately returned.
The President moved to dismiss the lawsuit on substantive grounds related to the emoluments clause itself, which the court deferred ruling on.