UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA _________________________________ ) Senator RICHARD BLUMENTHAL, ) et al., ) ) Plaintiffs, ) ) v. )Civil Action No. 17-1154 (EGS) ) DONALD J. TRUMP, in his official ) capacity as President of the ) United States, ) ) Defendant. ) _________________________________) MEMORANDUM OPINION I. Introduction In its previous Opinion, the Court held that plaintiffs, approximately 201 Members of the 535 Members of the United States Senate and House of Representatives, had standing to sue defendant Donald J. Trump in his official capacity as President of the United States (“the President”) for alleged violations of the Foreign Emoluments Clause (“the Clause”). See Blumenthal v. Trump, 335 F. Supp. 3d 45, 72 (D.D.C. 2018) (“Blumenthal I”). The President has moved to dismiss the Amended Complaint for failure to state a claim because, inter alia, he contends that “Emolument” should be narrowly construed to mean “profit arising from an official’s services rendered pursuant to an office or employ.” Def.’s Mot. to Dismiss (“Mot. to Dismiss”), ECF No. 15- 1 at 38. 1 The President’s definition, however, disregards the ordinary meaning of the term as set forth in the vast majority of Founding-era dictionaries; is inconsistent with the text, structure, historical interpretation, adoption, and purpose of the Clause; and is contrary to Executive Branch practice over the course of many years. Pursuant to the Clause, certain federal officials, including the President, shall not “accept” an “Emolument” from “any King, Prince, or foreign State” without “the Consent of the Congress.” U.S Const. art. I, § 9, cl. 8. In Count I, plaintiffs seek declaratory relief pursuant to 28 U.S.C. § 2201 in the form of a declaratory judgment stating that the President is violating the Clause when he accepts Emoluments from foreign states without first seeking the consent of Congress. Am. Compl., ECF No. 14 ¶¶ 85-86. In Count II, plaintiffs seek injunctive relief pursuant to the Court’s inherent authority to grant equitable relief and pursuant to 28 U.S.C. § 1331 in the form of a Court order enjoining the President from accepting “any present, Emolument, Office, or Title, of any kind whatever” from a foreign state without obtaining “the Consent of the Congress.” Id. ¶ 92. 1 When citing electronic filings throughout this Memorandum Opinion, the Court cites to the ECF header page number, not the original page number of the filed document. 2 In holding that plaintiffs had standing to sue the President in Blumenthal I, the Court deferred ruling on the remaining arguments in the President’s motion to dismiss: (1) failure to state a claim upon which relief can be granted; (2) lack of a cause of action to seek the relief requested; and (3) the injunctive relief sought is unconstitutional. Mot. to Dismiss, ECF No. 15-1 at 17-18. Upon careful consideration of the President’s motion to dismiss, the opposition and reply thereto, the relevant arguments of amici, 2 and for the reasons explained below, the Court finds that: (1) plaintiffs have stated a ...
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