A federal appeals court on Thursday halted subpoenas that had demanded financial documents from President Trump’s business empire, putting the case on hold until the judges have a chance to review it next year.
The ruling marks a victory for Mr. Trump and the Justice Department, which had complained a lower court judge was acting rashly in ordering the subpoenas and trying to make an appeal more difficult.
The 4th U.S. Circuit Court of Appeals said it would hear the case and put action in the lower court on ice.
The appeals court set oral argument for March, and said the judges will hear not only the subpoena issue but whether the case itself is valid.
The attorneys general for Maryland and D.C. had sued arguing Mr. Trump is violating the Emoluments clauses of the Constitution, which prevent the president from enriching himself from foreign governments or making more than his salary from the U.S. government.
They say the Trump International Hotel in downtown Washington rents rooms or space to foreign governments, which boosts the president’s own finances. And since the building is leased from the U.S. government, they said he’s making money beyond his salary at the expense of taxpayers.
U.S. District Judge Peter J. Messitte had allowed the lawsuit to proceed and approved the subpoenas.
The Justice Department, defending Mr. Trump, called the subpoenas “intrusive” and said the case contradicts the understanding of the country’s Founders, including George Washington, who did business with the U.S. government and also exported crops overseas while he was president.
When he became president Mr. Trump did not divest from the Trump Organization, but did turn day-to-day operations over to some of his children.
That means his income is still tied to his business empire, raising the emoluments questions.
• Stephen Dinan can be reached at sdinan@washingtontimes.com.
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