Donald Trump faces new Attorney General trouble
On a busy weekend, which saw a judge trying to sabotage the Affordable Care Act, Scott Walker signing democracy-denying legislation in Wisconsin that is (unlike the ACA) truly unconstitutional, and “President” Donald Trump announcing OMB head Mick Mulvaney will be his acting Chief of Staff while also staying with OMB, some other news should trouble Trump as he soon heads into his sixteen day stay at Mar-A-Lago. He should enjoy it while he can, as in the coming years, he might be staying at a government-owned place with many bars and three-square meals a day.
Earlier in the week, a worker at the Trump National Golf Club in Bedminster came forward to disclose Trump’s practice at the resort. Now, today, the New Jersey Attorney General, Gurbir Grewal, is apparently investigating those claims. The New Jersey Attorney General is investigating charges of immigration fraud as well as harassment claims. One attorney general is bad news, as these would be potentially state crimes and those are not protected by any pardon power and are not restricted by the impeachment language, as Congress has no purview over state matters. How about multiple Attorneys General?
Earlier in the week, incoming New York Attorney General Letitia James announced plans to conduct far reaching investigations into Trump, his family, his businesses, and his foundation. We will be hearing much more from Attorney General James in the coming months. Stay tuned on this front.
Trump also continues to face the emoluments lawsuit filed by the Maryland and District of Columbia Attorneys General in 2017. In the most recent action by the Court in that case, a discovery schedule was entered and on December 14, 2018, Trump filed an appeal of the Court’s denial of his motion to dismiss him in his individual capacity. This case will continue for some time as well.
We know of at least four states whose Attorney General is investigating potential crimes and offenses committed by a sitting president. Trump continues to be correct in his assertions on some levels. He claimed that no other administration had done so much in its first two years. Four Attorney General investigations are indeed unprecedented and record breaking.
Daniel is a lawyer writing and teaching about SCOTUS, and is the author of the book “The Chief Justices” about the SCOTUS as seen through the center seat.