Court Dismisses Frivolous ‘Emoluments’ Suit Against Trump

Donald Trump’s enemies have gotten creative lately in examining his past for evidence of lawbreaking. But their creativity has its limits. In Richmond, Va. this morning, a three-judge panel of the U.S. Appeals Court for the Fourth Circuit unanimously dismissed a lawsuit filed two years ago by the attorneys general for Maryland and the District of Columbia accusing Trump of illegally profiting from his continuing financial interest in the Trump International Hotel, located blocks from the White House. The suit alleged that he violated the Constitution’s Emoluments Clause barring presidents and other federal officials from accepting gifts or money from foreign and domestic government officials without congressional approval. The claims, wrote Judge Paul Niemeyer, were too “attenuated” and “abstract” to merit legal standing.

The Emoluments Clause (actually three separate clauses) of the U.S. Constitution is one of our primary safeguards against political corruption. The most relevant portion here, … Read More ➡

The EB-5 Employment Visa: Mend It or End It

President Donald Trump’s State of the Union address last Tuesday night offered some sensible recommendations for immigration reform. Unfortunately, he omitted a few things – such as the need to fix the EB-5 visa program. The EB-5, authorized by the Immigration Act of 1990, allows persons from abroad who invest in a U.S. startup business to become lawful permanent residents. All too often, it is an invitation to fraud and self-dealing.

The EB-5 visa, intended to spur business development, offers a green card for immigrant small venture capitalists. The visa holder must invest at least $1 million in a “new commercial enterprise” or at least $500,000 if the enterprise is located in a designated Targeted Employment Area. Upon approval of a petition, the investor and dependent family members may obtain a green card. The investor must show that the investment has created or preserved at least 10 permanent domestic … Read More ➡