My second update -- in come the filings for proposed Amicus Briefs.
11/02/2017 18 MOTION for Leave to File Brief Amici Curiae by MICHAEL BARNES, LEONARD BOSWELL, BARBARA BOXER, Bob Carr, TOM COLEMAN, Mickey Edwards, Lee Hamilton, Tom Harkin, GARY HART, Bob Inglis, CARL LEVIN, Brad Miller, GEORGE MILLER, PHILIP SHARP, CHRIS SHAYS, PETER SMITH, MARK UDALL, HENRY WAXMAN, DICK ZIMMER (Attachments: # 1 Text of Proposed Order)(Donahue, Sean) (Entered: 11/02/2017)
http://www.archive.org/download/gov.usc ... 0.18.0.pdf
I. From textualist, originalist, and structuralist perspectives, the Constitution prohibits the President from accepting presents or emoluments “of any kind whatever” from a foreign state unless he first obtains Congress’s approval. Period.
A. The text of the Foreign Emoluments Clause is clear and unambiguous.
B. An originalist analysis of the Foreign Emoluments Clause establishes the Framers’ intent to provide a sweeping, expansive bulwark against foreign corruption of the President
C. The Constitution’s structure relies on the President disclosing to Congress any financial gain or valuable asset he receives from a foreign state, and past Presidents have understood and followed that command
II. To perform its constitutional duty, Congress needs the federal courts to engage in the limited and modest task of enforcing the Foreign Emoluments Clause’s clear command.
11/02/2017 19 NOTICE of Appearance by Sean Hoe Donahue on behalf of MICHAEL BARNES, et al. (Donahue, Sean) (Entered: 11/02/2017)
11/02/2017 20 NOTICE of Appearance by Thomas C. Goldstein on behalf of DON FOX, et al. (Goldstein, Thomas) (Entered: 11/02/2017)
11/02/2017 21 MOTION for Leave to File Amici Curiae Brief by DON FOX, et al. (Attachments: # 1 Exhibit Amici Curiae Brief of Former Government Ethics Officers, # 2 Text of Proposed Order)(Goldstein, Thomas) (Entered: 11/02/2017)
http://www.archive.org/download/gov.usc ... 0.21.1.pdf
I. The Government’s Legal Interpretations Explain That The Foreign Emoluments Clause Prohibits All Payments That Have Any Realistic Potential Of Corrupting A Public Official.
A The Government’s Guidance Interprets Foreign Emoluments Clause Broadly, But Flexibly, Emphasizing Its Anti-Corruption Purpose.
B. The Government Has Never Approved An Arrangement Whereby A Public Official’s Interest In A Business Could Even Potentially Constitute A Conduit
For Prohibited Emoluments to Reach The Official
II. Compliance With The Foreign Emoluments Clause Is Not Especially Difficult
III. The Complaint States A Valid Claim, And This Is Not A Close Case.
11/02/2017 22 MOTION for Leave to File Amicus Curiae Brief by FORMER NATIONAL SECURITY OFFICIALS (Attachments: # 1 Exhibit Amicus Curiae Brief, # 2 Text of Proposed Order)(Spector, Phillip) (Entered: 11/02/2017)
http://www.archive.org/download/gov.usc ... 0.22.1.pdf
I. A reading of the Foreign Emoluments Clause that encompasses private business dealings with foreign governments is essential to U.S. national security and foreign policy interests in the modern era.
II. The Foreign Emoluments Clause seeks to protect U.S. national security and foreign policy interests by requiring Congress’ notice and approval of the President’s private business dealings with foreign governments
11/02/2017 23 NOTICE of Appearance by Corey William Roush on behalf of FEDERAL JURISDICTION AND CONSTITUTIONAL LAW SCHOLARS (Roush, Corey) (Entered: 11/02/2017)
11/02/2017 24 MOTION for Leave to File Amici Brief In Support of Plaintiffs by FEDERAL JURISDICTION AND CONSTITUTIONAL LAW SCHOLARS (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Roush, Corey) (Entered: 11/02/2017)
http://www.archive.org/download/gov.usc ... 0.24.1.pdf
I. Plaintiffs Have Alleged Cognizable Article III Injuries
A. Plaintiffs’ alleged injuries are particularized and concrete, not generalized or derivative
1. Nullification of specific, identifiable voting opportunities
2. Elimination of particularized institutional prerogatives
B. Plaintiffs’ injuries are actual and ongoing, not speculative or conjectural
II. Plaintiffs’ Injuries Are Fairly Traceable to the Challenged Executive Action
III. Plaintiffs’ Injuries Would Be—And Can Only Be—Redressed By A Court Order
11/02/2017 25 MOTION for Leave to File Brief of Separation of Powers Scholars as Amici Curiae in Support of Plaintiffs by REBECCA L. BROWN, HAROLD H BRUFF, NEIL KINKOPF, CHRISTOPHER H. SCHROEDER, PETER M. SHANE, KEVIN M. STACK, PETER L. STRAUSS (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Text of Proposed Order)(Mapes, Katharine) (Entered: 11/02/2017)
http://www.archive.org/download/gov.usc ... 0.25.1.pdf
I. ADJUDICATION OF THIS CASE IS CONSISTENT WITH PRECEDENT AND PRINCIPLES OF SEPARATION OF POWERS
A. This case is well within both the competence and authority of the judiciary.
B. This case represents a valid exercise of judicial power against the Executive.
II. THE FOREIGN EMOLUMENTS CLAUSE SUPPORTS CONSTITUTIONAL CHECKS AND BALANCES AND ANTI-CORRUPTION PRINCIPLES.
A. The Foreign Emoluments Clause was part of the framers’ general anti- corruption orientation.
B. Congressional approval is an essential element of the Foreign Emoluments Clause.
C. The Foreign Emoluments Clause is mandatory
III. THE COURT SHOULD NOT LEAVE IMPEACHMENT AS THE ONLY REMEDY TO ADDRESS VIOLATIONS OF THE FOREIGN EMOLUMENTS CLAUSE.
11/02/2017 26 MOTION for Leave to File Brief of Amici Curiae by JED H. SHUGERMAN, JOHN MIKHAIL, JACK RAKOVE, GAUTHUM RAO, SIMON STERN (Attachments: # 1 Exhibit Amici Curiae Brief, # 2 Text of Proposed Order, # 3 Certificate of Service)(Maxman, Melissa) (Entered: 11/02/2017)
http://www.archive.org/download/gov.usc ... 0.26.1.pdf
II. “EMOLUMENTS” IN FOUNDING-ERA DICTIONARIES AND TREATISES
A. DOJ’s Narrow Definition of “Emolument” is Inaccurate, Unrepresentative, and Misleading
B. “Emolument” Had a Broad Commercial Meaning in Eighteenth Century Legal and Economic Treatises
1. “Emolument” in Blackstone’s Commentaries
2. “Emolument” in Pufendorf’s Law of Nature and of Nations and Smith’s Wealth of Nations
III. HISTORY OF THE EMOLUMENTS CLAUSE
A. Historical Background from the English and Dutch to the Articles of Confederation Era
B. Federal Constitutional Convention
C. The Ratification Debates
D. The Founding Generation Used the Word “Emolument” Broadly
11/03/2017 27 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Joshua M. Blackman, :Firm- Joshua M. Blackman, :Address- 1303 San Jacinto Street, Houston, Texas 77002. Phone No. - 202-294-9003. Filing fee $ 100, receipt number 0090-5190329. Fee Status: Fee Paid. by SETH BARRETT TILLMAN (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Ray, Robert) (Entered: 11/03/2017)
The Outlier from the wrong side of the Atlantic files for a new lawyer. Is this a split with the Judicial Education [sic] Project