Full Eg

Case 8 :17- cv- 01596- PJM Document 1 Filed 06/12/17 Page 1 of 48
U.S.
DISTRICTOF
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
JUN COURT
AMMARYLARD
THE DISTRICTOF COLUMBIA
Greenbelt Division
BY
9:25
441 FourthStreet, N.W.
Washington, D.C. 20001,
and
DEPUTY
THE STATE OF MARYLAND
200 Saint Paul Place, 20th Floor
Baltimore, Maryland 21202,
Civil Action No.
Plaintiffs
- - 01596-
DONALD J. TRUMP , in his official capacity
as President of the United States of America
1600 Pennsylvania Avenue, N.W.
Washington , D.C. 20500 ,
Defendant.
COMPLAINT
BRIAN E.FROSH KARLA. RACINE*

Attorney General of Maryland Attorney General for the Districtof Columbia
STEVENM. SULLIVAN NATALIEO. LUDAWAY

FederalBar No. 24930 ChiefDeputy Attorney General
ssullivan@oag.state.md.us FederalBar No. 12533
PATRICKB. HUGHES natalie.ludaway@dc.gov
FederalBar No. 19492 STEPHANIEE. *
phughes@oag.state.md.us Senior Counsel to the Attorney General
AssistantAttorneys General stephanie.litos@dc.gov
200 Saint Paul Place, 20th Floor 441 Fourth Street, N.W.
Baltimore, Maryland21202 Washington, D.C. 20001
T : (410) 576-6325 T : (202) 724-1521
F : (410) 576-6955 F : 202) 730-1837
* pro hac vice applicationforthcoming

Case 8 :17- - 01596 - PJM Document 1 Filed 06/12/17 Page 2 of 48
D. BOOKBINDER*
nbookbinder@citizensforethics.org
STUARTC. *
smcphail@citizensforethics.org
Citizens for Responsibilityand
Ethics in Washington
455 MassachusettsAvenue, N.W. , 6th Floor
Washington, D.C. 20001
T : 202) 408-5565
F: (202) 588-5020
* pro hac vice application forthcoming

Case 8 :17- - 01596- PJM Document1 Filed 06/12/17 Page 3 of 48
TABLE OF CONTENTS
1
I. Nature of the action ......
7
II. Parties, jurisdiction, and venue
8
III. Legal background
IV . Relevantfacts.. 10
10
A. The defendant's Foreign Emoluments Clause violations
B. The defendant'sDomesticEmolumentsClause violations 24
Post-inauguration premium for the defendant's goods and services 30
30
D. The plaintiffs' interests in this litigation ....
V. Claims 41
VI. Prayer for relief. 44

Case 8 :17- cv- 01596- Document1 Filed 06/12/17 Page 4 of 48
NATUREOF THEACTION
1. This is an action against DonaldJ. Trump in his official capacity as President of
the United States. The case involves unprecedented constitutional violations by the President
that have injured and threaten to cause continuing injury to the District of Columbia ( the
District") and the State of Maryland ( Maryland ) and their respective residents, including direct
injury to the plaintiffs interests in properties located in the District, in Prince George's County ,
Maryland, and in MontgomeryCounty, Maryland.
2 . The lawsuit alleges violations by the President of two distinct yet related provisions
of the U.S. Constitution that seek to make certain that he faithfully serves the Americanpeople,
free from compromising financial entanglements with foreign and domestic governments and
officials. The first provision, the ForeignEmolumentsClause, prohibits any holdingany
Office of Profit or Trust" from accepting any present, Emolument, Office, or Title, of any kind
whatever, from any King, Prince, or foreign State, " absent the Consent of the Congress.” U.S.
Const art I 9, . 8. The second, the Domestic Emoluments Clause, entitles the President to
.
receive a salary while in office and forbids him from "receiv[ ing] within that Period any other
Emolument from the United States , or any of them ." U.S. Const art . II, 1 , cl. 7. Together ,
these provisions help ensure that the President serves with undivided loyalty to the American
people, and the American people only. Our republican form of government demands no less.
3 Vested by the Constitutionwith extraordinary power, the President is bound by
oath to " faithfully execute” his office and preserve, protect and defend the Constitution of the
United States." Since 1789 each President, regardless of temperament or ideology, has sought,
in his own way, to honor that solemn vow . Yet fundamental to a President's fidelity to that oath
is the Constitution's demand that the President, as the highest officeholder in the land,
1
disentangle his private finances from those of domestic and foreign powers . Never before has a
President acted with such disregard for this constitutional prescription .
4 .
President Trump's continued ownership interest in a global business empire,
which renders him deeply enmeshed with a legion of foreign and domestic government actors ,
violates the Constitution and calls into question the rule of law and the integrity of the country's
politicalsystem . Whatever the sincerity of the persons involved, foreign and domestic officials are
put in the position of considering whether offering benefits to businesses associated with the
President is important to maintaininggoodwill

. And irrespectiveof whether such benefits affect
the President's decision-making or shift his foreign or domestic policy, uncertainty about whether
the President is acting in the best interests of the American people, or rather for his own ends or
personal enrichment , inflicts lasting harm on our democracy. The Framers of the Constitution
foresaw that possibility , and acted to prevent that harm .
5 The Emoluments Clauses are two critical closely related anti-corruption

.
provisions aimed at ensuringthat the President faithfully serves the people, free from the distorting
or compromising effects of financial inducements provided by foreign nations, their leaders,
individual states in the Union Congress, or other parts of the federal government . They ensure
that Americans do not have to guess whether a President who orders their sons and daughters to
die in foreign lands acts out of concern for his private business interests; they do not have to
wonder ifthey lost theirjob due to trade negotiationsin which the Presidenthas a personalstake;
and they never have to question whether the President can sit across the bargainingtable from
foreign leaders and faithfully represent the world's most powerful democracy, unencumberedby
fear of harming his own companies.
6. With respect to the Foreign EmolumentsClause, the Framers were aware that
entanglements between American officials and foreign powers could pose a creeping, insidious
2
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threat to the Republic. The theory underlyingthe clause, informedby Englishhistory and by the
Framers ' experience, is that a federal officeholder who receives something of value from a foreign
government can be imperceptibly induced to compromise what the Constitution insists be his
only loyalty: the best interest of the United States of America. And rather than address such
corruption by punishing it after the fact, the Framers concluded that the best solution was to
write a strict prophylactic rule into the Constitutionitself, thereby guaranteeingthat improper
incentives never undo this important safeguard of American autonomy . Applied to President
Trump's diverse dealings, the text and purpose of the clause speak as one : absent the consent of
Congress, private enrichment through the receipt of benefits from foreign governments is
prohibited.
7 The Domestic Emoluments Clause was also designed to protect the government
from corruption. The Founders intended the clause to serve as a guarantee that Congress, other
parts ofthe federal government, and the states can neither weaken [the President's] fortitude by
operating on his necessities, nor corrupt his integrity by appealing to his avarice." The Framers
further intended the clause to protect against self-dealing by ensuring that the President's service
is remuneratedonly by the compensationfixed in advance by Congress.
8. Relatedly, and in ways particularly important to the plaintiffs, the Domestic
Emoluments Clause shields the states and the District of Columbia from undue pressure to
NormanL. Eisen, RichardPainter& LaurenceH. Tribe, The EmolumentsClause: Its

Text, Meaning, and Application to Donald Trump (Dec. 16, 2016), http://brook.gs/2hGIMbW ; see
also Applicabilityof EmolumentsClause to Employmentof GovernmentEmployeesby Foreign
Public Universities, 18 Op. O.L.C. 13, 18 ( 1994) (“ Those who hold offices under the United
States must give the government their uncloudedjudgment and their uncompromisedloyalty.
That judgment might be biased, and that loyalty divided, if they receivedfinancial benefits from
a foreign government. .
2
The FederalistNo. 73 Alexander Hamilton).
3
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provide emoluments to the President, and protects them from reprisal for any refusal to do so. In
a similarvein, the provisionsafeguardsthe states and the District from unfairadvantagescertain
states may enjoy from opportunities to curry favor from the President by providing emoluments
that other states lack .
9 . President Trump, acting through companies he owns or controls, has violated
both the Foreign Emoluments Clause and the Domestic Emoluments Clause by receiving
millions of dollars in payments , benefits , and other valuable consideration from foreign
governments and persons acting on their behalf as well as federal agencies and state
governments. His repeated, ongoing violations include remuneration derived from : a) leases of
Trump properties held by foreign-government- owned entities; (b) purchase and ownership of
condominiums in Trump properties by foreign governments or foreign - government-controlled
entities; c ) other property interests or business dealings tied to foreign governments; d hotel
(
accommodations
, restaurant purchases, the use of venues for events, and purchases of other
services and goods by foreign governments and diplomats hotels, restaurants , and other
domestic and international properties owned, operated, or licensed by President Trump;
(e ) continuation of the General Services Administration lease for President Trump's Washington,
D.C. hotel despite his breach of the lease's terms, and potentialprovisionof federal tax creditsin
connection with the same property; and ( from foreign- government

-owned
broadcasters related to rebroadcasts and foreign versions of the television program
Apprentice spinoffs. Moreover, President Trump, by asserting that he will maintain the
interests at issue, is poised to engage in similar constitutional violations for the duration of his
presidency
10.
These present and continuing violations of the Constitution's anti-corruption
protections threaten the free and independent self-governance at the core of our democracy. The
4
President is making decisions every day with profound and far - reaching effects on American life,
from determining who can travel into the country to deciding whether the United States will
abandon global efforts to combat climate change; from proposing budgets to overseeing the
federal workforce; from evaluating who will pay more in taxes to choosing how people will access
health care. Yet Americans are left uncertain as to whether these decisions, with their sweeping
impact on foreign and domestic policy, are driven solely by unyielding loyalty to the country's
best interests , or rather are affected by self -interested motivations grounded in the international
and domestic business dealings in which President Trump's personal fortune is at stake .
11 . The President's violations of the EmolumentsClauses undermine the trust the
Americanpeople are entitled to have in their government

. It is fundamentalto our system of self
governance that our duly elected Presidents and the governments over which they preside will
always act in singular pursuit of our liberty, security , health, and well-being. President Trump's
myriad international and domestic business entanglements make him vulnerable to corrupt
influenceand deprive the Americanpeople of trust in their chiefexecutive'sundividedloyalty.
12 The District and Marylandhave compellinginterests in ensuringthat the Foreign
and Domestic Emoluments Clauses are enforced and protect their residents as designed. The
President's disregard for these constitutional constraints has resulted in significant and ongoing
harm to the District and to Maryland.
13 The District and Maryland have other sovereign , quasi-sovereign and proprietary
interests in preventingthe defendant'sviolations of the EmolumentsClauses. The defendant, his
organization, and its affiliates have received presents or emoluments from foreign states or
instrumentalities and federal agencies, and state and governments in the form of payments
to the defendant's hotels restaurants, and other properties. The defendant has used his position
as President to boost this patronage of his enterprises, and foreign diplomats and other public
5
Case 8 :17- cv- 01596- PJM Document 1 Filed06/12/17 Page 9 of 48
officials have made clear that the defendant's position as President increases the likelihood that
they will frequent his properties and businesses .
14. The defendant's ongoing constitutionalviolations harm the sovereign and quasi
sovereigninterests of the District and Maryland. Marylandhas an interestin preservingits role as
a separate sovereign and securing observance of the terms under which it participates in the
federal system . That interest is harmed by the defendant's violations of both Emoluments
Clauses, but it carries particular force with respect to the Domestic Emoluments Clause, which
exists (at least in part) for the protection of the United States and any of them . ” Indeed, as
government entities with authority to tax and regulate businesses and real estate, the District and
Maryland are harmed by perceived and/ or actual pressure to grant special treatment to the
defendant and his extensive affiliated enterprises, or else be placed at a disadvantage vis-à -vis
other states and governmentsthat have granted or will grant such special treatment. In addition,
the District and Maryland have an interest in protecting their economies and their residents,
who, as the defendant's local competitors

, are injured by decreased business, wages, and tips
resulting from economic and commercial activity diverted to the defendant and his business
enterprises due to his ongoing constitutional violations. Maryland is itself further injured by the
reduction in tax revenue that flows from those violations.
15. The defendant's ongoing constitutional violations also harm the proprietary
interests of the District and Maryland. The District and Maryland suffer direct financial harm in
their capacity as proprietors of businesses that compete with the defendant's businesses, to the
extent that businessesowned by him and/ or his affiliatedenterprisesattract customers and divert
them away from businesses that the District and Maryland own , license , or tax .
16 The District of Columbia and Maryland bring this action to stop President
Trump's violations of the EmolumentsClauses. As a direct result of those violations, the District
6
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and Maryland have been injured and will continue to be injured absent relief from this Court.
To prevent these injuries, they request that this Court enter a declaratory judgment that
PresidentTrump has violated the Foreignand Domestic EmolumentsClauses and an injunction
againstviolatingthese clauses further.
II.
PARTIES, JURISDICTION , AND VENUE
17 .
The plaintiffs are the District of Columbia and the State of Maryland.
18. The District of Columbia is a municipal corporation empowered to sue and be
sued, and is the local government for the territory constituting the permanent seat of the federal
government. The District is represented by and through its chief legal officer, the Attorney
General for the District of Columbia. The Attorney General has general charge and conduct of
all legal business of the Districtand all suits initiatedby and againstthe District and is responsible
for upholding the public interest.
19 The State of Maryland is a sovereign state of the United States of America. The
State is representedby and through its chief legal officer, the Attorney Generalof Maryland. He
has general charge, supervision, and direction of the State's legal business, and acts as legal
advisor and representative of all major agencies, boards, commissions, and official institutions of
state government . The Attorney General's powers and duties include acting on behalf of the
State and the people of Marylandin the federalcourts on matters of public concern.
20 The defendant is the President of the United States of America. He is being sued
in his official capacity.
21. This Court has subject-matter jurisdiction under 28 U.S.C. and 2201.
22 Venue is proper under 28 U.S.C. 1391 (e)( 1) because the defendant is an officer
... of the United States ... acting in his official capacity or under color of legalauthority," and
7
Case 8 :17- cv- 01596- PJM Document 1 Filed 06/12/17 Page 11of 48
the District of Maryland is a “judicial district which a substantial part of the events or
omissions giving rise to the claim occurred ," and in any event) where one of the plaintifi s]
resides.
III.
LEGALBACKGROUND
23. The Foreign EmolumentsClause. The origins of the Foreign Emoluments
Clause go back to at least 1651, when the Dutch broke with traditional European diplomatic
customs and prohibited their foreign ministers from accepting presents, directly or
indirectly, in any manner or way whatever." The Framers also had the benefit of earlier
thinking by those who drafted state constitutions, includingMaryland's, those who
crafted the Articles of Confederation, which contained the clause's predecessor: or shall any
person holding any office of profit or trust under the United States, or any of them, accept of any
present, emolument, office, or title of any kind whatever, from any king, prince, or foreign
State.
24 . The Foreign EmolumentsClause was not included initially at the Constitutional
Convention, but it was added without dissent at the request of Charles Pinckney, who " urged the
necessity of preserving foreign Ministers & other officers of the U.S. independent of external
influence. EdmundJennings Randolph confirmed the clause's anti-corruption purpose, stating:
3
5 John Bassett Moore, A Digest of InternationalLaw ( 1906) ( quoting Dutch
Republic regulation
4
See Md. Declaration of Rights of 1776, art. 32 ( That no person ought to hold, at
the same time, more than one office of profit, nor ought any person , in public trust , to receive
any present from any foreign prince or state , or from the United States , or any of them , without
the approbation of this State .
5
Articles of Confederationof 1781, art. VI,
6
2 Farrand, The Records of theFederal Convention of 1787, at 389.
8
Case 8 : 17- cv -01596- PJM Document1 Filed 06/12/17 Page 12 of 48
thought proper, in order to exclude corruption and foreign influence, to prohibit any one
in office from receiving or holding any emoluments from foreign states." The Framers
recognized the perils of foreign influence and corruption, even in situations subtler than quid pro
quo bribery, and they therefore created a broad constitutional prophylactic rule applicable to
anything of value given by any foreign government to anyone holding an " Office of Profit or
Trust under the United States, " including the President.
25 Consistent with the intent of the Framers, the Foreign Emoluments Clause is
properly interpreted to cover monetary or nonmonetary transactions . Indeed, the text of the
clause bars the receipt of both a present and an “ Emolument, which together cover anything
of value, including without limitation payments, transactions granting special treatment

, and
transactions above marginal cost. The clause also explicitly bars the receipt of present or
Emolument ... of any kind whatever , " emphasizing the breadth of conduct covered under the
provision
26 . The Foreign Emoluments Clause covers not only transfers of anything of value
from a king, prince, or foreign state individually , but also any transfer from instrumentalities or
agents of a foreign state . This is in keeping with the considered view of the Department of
Justice's Office of Legal Counsel, whose constitutionalinterpretationsare instructive, though not
8
controlling
27 . The Domestic Emoluments Clause . The Framers also intended to prevent
the system of patronage, influence, and rent-extraction that predominated in the colonial
governors offices through a Domestic Emoluments Clause applying to just the President. The
7
3 Farrand, The Records of the Federal Convention of 1787, at 327.
Applicability of the Emoluments Clause and the Foreign Gifts and Decorations
Act to the President'sReceipt ofthe Nobel Peace Prize, 33 Op. 8 (2009).
9
clause provides that the President's Compensation not be increased or decreased, and
that he may not receive any other Emolument from the United States, or any of them ," during
his term of office. The clause thus works to ensure that neither states nor the federal government
can " weaken his fortitude by operating on his necessities, nor corrupt his integrity by appealing
to his avarice. And because the clause is specifically concerned with the federal government as
well as the states, it does not allow for Congress to consent to the President'sreceipt of additional
emolumentsbeyond his salary. This ban on additional emoluments, Alexander Hamiltonwrote,
would ensure that the President would have pecuniary inducement to renounce or desert the
independence intended for him by the Constitution. " ' Further, as recognized by judicial authorities, the
ban addressed the Framers ' concern that the President should not have the ability to convert his
or her office for profit. "
28 The Domestic Emoluments Clause reflects the Framers' particular concern about
making sure that the nation's powerful chief executive remains free from distorting and
corrupting influences that might hinder his ability to faithfully execute his office. The clause
accordingly proscribes emoluments not only from states and the federal government, but also
their respectiveinstrumentalitiesand subdivisions.
.
RELEVANT FACTS
A. The defendant's Foreign Emoluments Clause violations
29.
Following the defendant's inauguration, he continues to own and control
hundreds of businesses throughout the world , including hotels and other properties. His business
empire comprises a multitude of different corporations, limited liability companies, limited
9
The Federalist No. 73 (Alexander Hamilton).
10
Id. (emphasis added).
10
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partnerships, and other entities that he owns or controls, in whole or in part, operating in the
United States and at least 20 foreign countries. His businessesare loosely organized under an
umbrella known as the “Trump Organization, " consisting of the Trump Organization LLC
d / b / a The Trump Organization and The Trump Organization, Inc., both of which are owned
solely by him . But his interests also include scores of other entities not directly owned by either
Trump Organization entity but that he personally owns, owns through other entities, and/ or
controls.12 defendant also has several licensing agreementsthat provide continuing flows of
income. Through these entities and agreements, he personally benefits from business dealings,
and is and will be enriched any business in which the entities he owns or controls engage
with foreign governments, instrumentalities, and officials.
30 .
On January 11, 2017 , the defendant announced a plan to turn " leadership and
management of the Trump Organization over to his sons Eric Trump and Donald Trump Jr.
as well as a longtime company executive the plan did not include relinquishing ownership of
his businessesor establishinga blind trust.
31 . The defendant continues to own and be well aware of the activities of the
Trump Organization and other corporations, limited- liability companies, limited partnerships,
and other entities in which he retains an ownership interest. Although he formed a trust to hold
his business assets, he may obtain distributions from his trust at any time. 14
Marilyn Geewax & Maria Hollenhorst, Trump's Businesses And Potential Conflicts
11
SortingIt Out, NPR(Dec. 5 , 2016), http://n.pr/2g2xZDP

.
12
U.S. Office of Gov't Ethics, Donald Trump, 2016 Executive Branch Personnel
Public FinancialDisclosure Report (May 16, 2016) , http://bit.ly/2gBUWIV.
13
Donald Trump's News Conference: Full Transcript and Video , N.Y. Times 11, 2017 ),
http://nyti.ms/2jkFUPK .
14
David Kravitz & Al Shaw , Trump Lawyer Confirms President Can PullMoney From His
11
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32 The defendant'sson, Eric Trump (who is also an advisor to the defendant'strust),
initially indicated that he would not communicate with his father concerning his business
interests. Eric Trump has now acknowledged, however, that he will provide business updates to
the Presidenton at least a quarterlybasis.
33 The defendant has neither sought nor received " Consent of the Congress with
respect to his receipt of presents or emoluments from foreign government officials , entities, or
instrumentalities.
The DistrictofColumbia'sTrump InternationalHotel
34 . The Trump International Hotel Washington, D.C. is located on Pennsylvania
Avenue, N.W.
, just blocks from the White House. The defendant owns and controls this hotel
through various entities .
35 . The defendant, through entities he owns, receives payments made to the Trump
InternationalHotel by guests who stay in hotel rooms and patrons who use the hotel venues or
other goods or services in the hotel.
36. The restaurant BLT Prime is located in the Trump International Hotel. The
defendant, through various business entities, owns the restaurant, licenses the name from BLT
16
Prime, and pays BLT Prime to operate the restaurant
.
37 . Since the election, the Trump InternationalHotel has specifically marketeditself
to the diplomatic community. On one occasion, barely a week after the election, it held an event
Businesses WheneverHe Wants, ProPublica(Apr. 4 , 2017),

15
Jennifer Calfas, Eric Trump Says Give the President Quarterly Updates on Business
Empire, Fortune(Mar. 24, 2017), http://for.tn/2n2MRXa ; Maggie Haberman& Glenn Thrush,
Trump Reaches Beyond West Wing for Counsel, N.Y.Times (Apr. 22, 2017) , http://nyti.ms/2rsFqvk .
16
Jessica Sidman, How Donald Trump Lost His DC Restaurants, Washingtonian (Oct.
23 , 2016 ), http://bit.ly/2htYzq9.
12
Case 8 : 17-cv -01596- PJM Document1 Filed 06/12/17 Page 16 of 48
where it pitched the hotel to about 100 foreign diplomats. hotel also hired a " director of
diplomatic sales ” to facilitate business with foreign states and their diplomats and agents , luring
the director away from a competing hotel in Washington.18
38 .
In addition, the defendant has repeatedly appeared at the hotel since his election ,
addingfurther media attention to the property and raising its public profile. Several figures in his
administration, including Treasury Secretary Steve Mnuchin and Small Business Administration
Administrator Linda McMahon, have also lived or continue to live in the hotel.19
39. Diplomats and their agents have voiced their intent to stay at (or hold events at)
the Trump International Hotel Believe me, all the delegations will go there ," one Middle
Eastern diplomat the WashingtonPost about the hotel.20 An diplomat” agreed: "Why
wouldn't I stay at his hotel blocks from the White House, I can tell the new president
, I love
your new hotel! Isn't it rude to come to his city and say, ' I am staying at your competitor ? "
40 . These statements have become reality. The Embassyof Kuwait, a foreign state,
held its National Day celebration at the Trump International Hotel on February 22, 2017.22
Upon informationand belief, Kuwait paid for the venue, food, and other services provided in
17
Jonathan O'Connell& MaryJordan, For foreign diplomats
, Trump hotel is place to be,
Wash. Post (Nov. 18, 2016) , http://wapo.st/2qukIgh
.
18
Id
Julie Bykowicz, Trump Hotel May be Political Capital of the Nation's Capital, Associated
19
Press Mar. 2017) , http://apne.ws/2n2Rxfs.

20
Id.
21
Id.
22
Jonathan O'Connell, Kuwaiti Embassy is latest to book Trump D.C. hotel, but ambassador
says he felt no pressure Post (Dec. 20 2016 ), http://wapo.st/2pMtw21 ; Jackie Northam ,
Kuwait Celebration At Trump Hotel Raises Conflict of Interest Questions , NPR Feb. 25 , 2017 ),
http://n.pr/2lav
13
Case 8 :17- cv - 01596 - PJM Document 1 Filed 06/12/17 Page 17 of 48
connection with the celebration . The cost has been estimated at $40,000 to $60,000.23 Before the
election, a save the date reservation had been made with the Four Seasons hotel where the
event had previously been held.24 According to one report, the Embassy of Kuwait moved the
event under pressure from the Trump Organization (though Kuwait's ambassador to the United
States denied being pressured) As a result, the Trump International Hotel or its controlling
entities have receivedone or more paymentsfrom Kuwait after 12:01 pm on January20, 2017.
41. Between January 23 and 26, 2017 and during February 2017, the Kingdom of
Saudi Arabia , a foreign state , spent thousands of dollars on rooms, catering , and parking at the
Trump International Hotel. In a Foreign Agents Registration Ac report filed with the
Department of Justice, an agent representing the Royal Embassy of the Kingdom of Saudi
Arabia reported paying the hotel $ 190,272 for lodging, $ 78,204 for catering, and $ 1,568 for
parking between October 1, 2016 and March 31 , 2017, using money received from Saudi
Arabia.26 Some of the payments were made after the defendant's inauguration as President
Upon informationand belief, Saudi Arabia paid at least $ 250 per night for each of the rooms it
through its agent betweenJanuary 23 and 26, 2017,28 and paid the hotel for meals and
23
Julia Harte, Kuwait could pay up to $ 60,000for party at Trump Hotel in Washington,
Reuters Feb. 27 , 2017 ), http://reut.rs/2oFztKa.
24
Jackie Northam , Kuwait CelebrationAt Trump HotelRaises Conflict of InterestQuestions.
25
Judd Legum & Kira Lerner, Under political pressure, Kuwait cancels major events at Four
Seasons, switches to Trump's D. C. hotel, ThinkProgress (Dec. 19 , 2016 ) , http://bit.ly/2rssRzM .
26
MSLGROUP Americas Inc. d / b / a Qorvis MSLGROUP, Supplemental
Statement Pursuant to the ForeignAgents RegistrationAct of 1938, as amended, for six month
period ending 3/31/2017, filed May 31, 2017, http://bit.ly/2rAQjgE; Chuck Ross, Saudis Spent
$ 270K At Trump Hotel In Lobbying Campaign Against 9/11 Bill Daily Caller June 4, 2017),
.
http://bit.ly/2sSKB7F
27
Byron Tau & Rebecca Ballhaus, Trump Hotel Received $ 270,000 From Lobbying
Campaign Tied to Saudis, Wall Street Journal (June 6, 2017 ), http://on.wsj.com/2s42HH9 .
28
Isaac Arnsdorf, Saudis foot tab at Trump hotel POLITICO Feb. 9 2017 ),
14
Case 8 :17- cv- 01596- PJM Document 1 06/12/17 Page 18 of 48
other services provided in connection with the stay. Saudi Arabia paid for individuals to have
dinner at the hotel on January 23 and both breakfast and dinner on January Upon
information and belief, at least one of the meals was provided by BLT Prime. Upon information
and belief, Saudi Arabia paid the hotel through its agent for similar expenses associated with a
visit in mid -February.30 As a result, the Trump International Hotel or its controlling entities have
receivedone or more payments from Saudi Arabia, through its agent, after 12:01 pm on January
20 2017 .
42 On or about April 6 , 2017, Kaha Imnadze, the Ambassador and Permanent
Representativeof to the United Nations, stayed at the Trump International Hotel and
then tweeted his compliments about the hotel.31 Upon information and belief, the government of
Georgia , a foreign state, paid the hotel for his room and other services provided in connection
with his stay. As a result, the Trump International Hotel or its controlling entities have received
one or more payments from Georgia after 12:01 pm on January 20, 2017 .
43 . On information and belief, after 12:01 pm on January 20, 2017, the Trump
InternationalHotel or its controllingentities have receivedand will continue to receive payments
from other foreign states , instrumentalities of foreign states , or foreign officials .
44. On January 20 , 2017 , Trump Old Post Office LLC the entity leasing the building
in which the Trump International Hotel is located and in which the defendant has a beneficial
http://politi.co/2kZabmS
29
Operations Order from Jason E. Johns, President of NMLB Veterans Advocacy
Group , to Fly- In Veterans regarding the Justice Against Sponsors of Terrorism Act (Jan. 23-26 ,
2017 ), http://bit.ly/2iBdlp .
30
Ross, Saudis Spent $ 270K AtTrump HotelIn LobbyingCampaignAgainst 9/11Bill.
31
Kaha Imnadze (@kahaimnadze), Twitter (Apr. 6 2017 8:49 AM ,
.
15
interest , amended its governing agreement to provide that, during the defendant's presidency,
the company will not make any distributions of profits to any entity in which the defendant has a
beneficial interest and will credit these undistributed profits to an unrecovered capital
contribution account held for the benefit of the designated entities that defendant controls. This
amendment is immaterial to whether the defendant has violated the Foreign Emoluments
Clause. The defendant remains owner of approximately 77.5 % of the Trump Old Post Office
LLC (the remaining shares are owned by three of his children ), and thereby benefits from any
amounts deposited into the unrecovered capital contribution account. He further may receive
distribution from those amounts once he is no longer in office.
45 . Additionally, by providing that the defendant's contributions will be used by
Trump Old Post Office LLC for business purposes, the amendmentincreasedthe value of one of
his assets.
46. Prior to taking office, PresidentTrump's attorney promisedthat all profits earned
from foreign governments would be donated to the U.S. Treasury. The Trump Organization
later admitted, however, that it was not tracking all payments that it received from foreign
governments, and that it plans only to estimate, rather than calculate, such payments.32
New York's Trump Tower
47. Trump Tower is a mixed-use skyscraper on Fifth Avenue in New York City.
Through the use ofvarious entities, the defendant owns and controls Trump Tower and through
entities he owns, receives payments made to Trump Tower by tenants .
32
Ari Melber , et al., Trump Failing to Track Foreign Cash at His Hotels, NBC News (May
24, 2017 ), http://nbcnews.to/2qWzv3x .
16
48.
One of the largest tenants of Trump Tower is the Industrial and Commercial
Bank of China (" ICBC , which is a Chinese majority- state- owned enterprise.33 such, ICBCis
an instrumentalityof a foreign state.
49
After 12:01 pm on January 20, 2017 , Trump Tower or its controlling entities have
received one or more payments from ICBC under its lease. Trump Tower or its controlling
entities will continue to receive regular payments from ICBC under its lease agreement.
50. The defendant has repeatedly referenced ICBC's Trump Tower lease in
discussinghis views of U.S.-China relations

. Duringhis presidential campaign in June 2015, for
instance, the defendant stated: “ I love China! The biggest bank in the world is from China. You
know where their United States headquartersis located? In this building, in Trump Tower. 34
Similarly, in March 2016 , when asked about China's territorial claims in the South China Sea,
the defendant told the WashingtonPost, I do deals with them all the time. The largest bank in the
world, 400 million customers, is a tenant of mine in New York, in Manhattan."
51 . The term of ICBC'sTrump Tower lease runs until October 2019 before the end
of the defendant'sterm . As a result, any negotiations for a renewalor extension of the lease will
occur while he is serving as President.
52 Trump Grill is a restaurant locatedinside Trump Tower that the defendant owns
through various business entities. Upon information and belief, tenants of Trump Tower,
including officials of China and other countries, have dined at Trump Grill as a result of their
33
Caleb Melby, et al ., When Chinese Bank's Trump Lease Ends, Potential Conflict Begins,
Bloomberg (Nov. 28 , 2016 ), .
34
Id.
35
Id .
36
Id.
17
tenancy in the Tower and the foreign states themselves may host events there. Accordingly,
foreign states or their instrumentalitieslikely have paid or will pay for services at Trump Grill
The defendant has and will continue to receive payments from various foreign states through
Trump Grill.
New York's Trump WorldTower
53. Trump World Tower is a skyscraper on United Nations Plaza in New York City,
containingcondominiumunits. Throughthe use of various entities, the defendant manages and
controls Trump World Tower and, through entities he owns, receives payments made by
residents of the Trump World Tower for common charges and handles rental transactions
involving condominium units.
54 . In 2001, the Kingdom of Saudi Arabia paid $4.5 million to purchase a floor of
Trump World Tower.37 The annual common charges for building amenities for the floor totaled
$85,585 at the time. As of 2003 , the most recent year for which information is publicly available,
the Kingdom of Saudi Arabia paid monthly common charges of about $ 7,398 $88,781 per
year . The floor currently belongs to the Kingdom of Saudi Arabia for use by the Saudi Mission
to the UnitedNations, which upon informationand beliefcontinues to pay common charges to
the defendant.38
37
Stephen R. Brown, Donald Trump made millionsfrom SaudiArabia, but trashes Hillary
Clinton for Saudi donations to Clinton Foundation, N.Y. Daily News (Sept. 4 , 2016) ,
http://nydn.us/2bNEAq2 .
38
Id.
18
55. In 2015, the defendant said about Saudi Arabia: “ I get along great with all of
them . They buy apartments from me. further noted: “ They $40 million, $50 million .
Am I supposed to dislike them I like them very much ." 39
56 . The Kingdom of Saudi Arabia is a foreign state, and the Saudi Mission to the
United Nations is an instrumentality of a foreign state .
57. In 2002, the Permanent Mission of India to the United Nations, an
instrumentality of a foreign state, paid $5.1million to purchase two units in Trump World Tower
from the defendant.40 of 2003, the most recent year for which information is publicly
available, the Missionpaid monthly common charges of approximately$ 3,639 43,670 per
year . The units continue to belong to the Mission, which upon information and belief continues
to pay common charges to the defendant.
58 In 2009 , the Permanent Mission of Afghanistan to the United Nations, an
instrumentality of a foreign state, paid $ 4.235 million to purchase a unit in Trump World
Tower.41 As of 2003 , the most recent year for which information is publicly available, the
commonmonthly charges for the unit purchasedby the Mission were approximately $2,090 per
month or $25,085 per year. The unit continues to belong to the Mission which upon
information and belief continues to pay common charges to the defendant.
59. In 2004 , the Permanent Mission of Qatar to the United Nations , an
instrumentality of a foreign state , paid $ 1,995,000 to purchase a unit in Trump World Tower,
39 Id.
40
N.Y.C. Dept of Finance, Office of the City Registrar, Condo. Unit Deed: 845
U.N. Ltd. To The Permanent Mission of India to the U.N. ( Dec. 23 , 2002),
http://on.nyc.gov/2pb8Obx
41
Max Abelson Afghanistan Buys $4.2 M. Trump Condo (with Peacefulness and Views )
Observer Sept. 11, 2009), http://bit.ly/2oQ74n3 .
19
and in 2012, it paid $8.375 million to purchase two additional units in Trump World Tower. As
of 2003, the most recent year for which information is publicly available, the common monthly
charges for the units purchased by the Mission were a total of approximately $5,660 per
month or $ 67,920 per year. The units continue to belong to the Mission, which upon
information and belief still pays common charges to the defendant.
60 .
The defendant, through entities he owns, receives payments made to Trump
World Tower by tenants and owners of units in the building through their payment of common
charges and other fees . On information and belief , these payments include management and
other fees paid to the building'smanagementcompany, an entity owned by the defendant.
61 . Trump World Tower or its controlling entities will continue to receive regular
common charge payments from Saudi Arabia India , Afghanistan , and Qatar, and those
payments will flow to the defendant.
62 The World Bar is a bar located in Trump World Tower.
63. Tenants of the Trump WorldTower, includingofficials from SaudiArabia, India,
Afghanistan , and Qatar have patronized (or will patronize) the World Bar. Further, foreign states
or agents or instrumentalities of these or other foreign states have hosted and will host events at
the World Bar due to its location near the United Nations. By reason of his financial stake in
TrumpWorld Tower, the defendant will either receive paymentsfrom foreign states made to the
World Bar, or the revenue that the World Bar receives, including from foreign states , affects the
amount of rent that the defendant is able to charge the World Bar.
Chinesetrademarks
64. The defendant began to seek trademark protection in China for the use of his
name in connection with buildingconstruction services in 2006. His application was rejected by
the Trademark Office, and he subsequently lost his appeals to the Trademark Review and
20
Case 8 :17-cv-01596- PJM Document 1 Filed 06/12/17 Page 24 of 48
Adjudication Board, the Beijing Intermediate People's Court, and the Beijing High People's
Court.42 The defendant suffered his most recent court defeat in May 2015 , the month before he
declaredhis candidacy for President.
65. Three weeks after his election, on December2 , 2016, the defendant spoke directly
with Taiwanese President Tsai Ing-wen.43 That conversation broke longstanding protocol and
suggested that the defendant might end the One China policy that the United States had
observed for decades. The defendant further indicated before taking office that he might end the
44
One China policy unless some benefitwere receivedin exchange.
66. On February 9 , 2017, however, the defendant spoke with President Xi
Jinping and pledged to honor the One China policy.45 Five days later , on February 14, 2017 ,
China reversedits prior course and gave the defendant trademarkprotection.
67. Chinese law prohibits awarding trademarks that are " the same as or similar to the
name of leaders of national, regional, or internationalpoliticalorganizations

. 46
68 . Even thoughChina had denied the defendant trademarkprotectionfor more than
ten years , including in a ruling from an appellate court , and despite Chinese law barring the use
of foreign leaders' names as trademarks , China reversed course and decided to grant the
defendant the trademark he had sought and valued . But China did so only after he had been
42
Erika Kinetz, With Trump's win in China, will Trump toilets get flushed? Associated
Press (Feb. 14, 2017) , http://apne.ws/2mfcK9N .
43
Jordan Fabian & Neetzan Zimmerman , Trump makes history with phone call to Taiwan
leader , The Hill Dec. 2 , 2016 ), http://bit.ly/2prWnYu .
44
Jordan Fabian & Evelyn Rupert , Trump promises Chinese president he'll honor China
policy, The Hill Feb. 9 , 2017 ), http://bit.ly/2pbgZUW ; Laurel Raymond & Judd Legum ,
Trump's trademark tests Chinese law , Think Progress (Feb. 18 , 2017 ) , http://bit.ly/2pXHZTZ .
45
Fabian & Rupert, TrumppromisesChinesepresident honor one China policy.
Raymond& Legum , Trump's trademark tests Chinese law .
46
21
elected President, questionedthe One China policy, was sworn in, and then re-affirmedthe One
China policy.
69. The trademarks have considerable value because they give the Trump
Organizationthe sole right to profit from the Trump brand in China. China's granting of these
trademarks constitutes a present or emolument provided to the defendant.
70 .
When asked why the defendant changed his position on the One China policy,
and whether he had received something in exchange from China, White House Press Secretary
Sean Spiceranswered: The Presidentalwaysgets something, " but did not elaborate
International versions and distribution of The Apprentice and its spinoffs
71. The defendant earns royalties and other payments from the distribution in other
countries of the television program The Apprentice and its spinoffs (including " The Celebrity
Apprentice and “ The New Celebrity Apprentice, " for which he is still an executive producer),
and also from international versions of the programs produced in other countries . In some
instances, these paymentsoriginate from foreign governmentsor their agentsor instrumentalities.
For instance, the defendant is paid for a version of the program “ The Apprentice airs in the
United Kingdom.48 The network that broadcasts " The Apprentice" and spinoff shows in the
UnitedKingdomis an instrumentalityof a foreign state.
72. After 12:01 pm on January 20, 2017 , the defendant has received and will continue
to receive payments from foreign states via their payments for “ The Apprentice or its spinoffs
47
Madeline Conway, Spicer on Trump's One China ' agreement: The president always gets
something ', POLITICO ( Feb. 27, 2017 ) , http://politi.co/2prZpf7 .
48
Madeline Berg, Here's How Much Donald Trump Will Earn From Producing Celebrity
Apprentice , Forbes (Dec. 13 , 2016 ), http://bit.ly/2pYOS9h .
22
and internationalversions. Such paymentsconstitute presents or emoluments that the defendant
has acceptedand will accept from a state.
Other foreign connections, properties, and businesses
73
United Arab Emirates . The defendant's company is engaged in several real
estate projects in the UnitedArab Emirates

, includingDubai's Trump InternationalGolf Club,
which opened on February 18, 2017.49 Upon information and belief, the defendant
, through
various business entities, has a branding- and-management contract with the property and
thereby possesses a financial interest in the Trump International Golf Club
74. All services for the golf club, including city, water , and roads, " come at the
discretion of the government, and the " club's bar will need government approvals to serve
alcohol
, not to mentionother regulatoryissues." 50
75 . The golf club and other projects cannot be built or operated without permits,
utility, and other services and approvals. These discretionaryapprovalsaccordinglyconfer value
on the defendant, through his financial stake in the company receivingthem , in violation of the
Foreign EmolumentsClause.
76. Indonesia. The defendant's company is engaged in at least two real-estate
projects in Indonesia , including redeveloping a resort in Bali.5 information and belief, the
49
Sudarsan Raghavan, Trump's sons get red carpet treatment at Dubai golf club opening,
Wash. Post ( Feb. 18, 2017), http://wapo.st/2pY20tL
.
50
Jon Gambrell
, Golf Club Shows Pitfalls of His Presidency, Associated Press Jan. 3 ,
2017), http://apne.ws/2j0gOVk.
51
Ian Jarrett, Pan Pacific makes way for Trump in Bali, Travel Weekly ( Feb. 17, 2017),
http://bit.ly/2nU3ANN Richard C. Paddock & Eric Lipton, Trump's Indonesia Projects, Still
Moving Ahead Create Potential Conflicts
, N.Y. Times Dec. 31, 2016), http://nyti.ms/2kKSKLp ;
Russ Choma, Trump's Indonesian Business Partner Brags About His Access, MotherJones (Feb. 10,
2017), http://bit.ly/2kujqMC .
23
defendant, through various business entities, has a licensing -and -management agreement with
these projects, throughwhich he possesses a financial interest in them .
77. Completingthe projects required or will require permits and approvals from the
Indonesian government
. The defendant will receive value from these discretionary permits and
approvals through his financial stake in the company receiving them , in violation of the Foreign
EmolumentsClause.
78. Other. The defendant also owns, operates , and licenses numerous other
businesses throughout the United States and abroad, including other hotels, other properties for
sale or lease, and golf courses and clubs.52 The defendant, through his financial stake in the
company or companies receiving them , derives value from the foreign permits and approvals
associated with the owning and operation of those businesses in violation of the Foreign
Emoluments Clause. In addition, revenues from foreign states patronage of his hotels, golf clubs,
and other businesses may flow to the defendant

. After 12:01 pm on January 20, 2017, the
defendant, through at least one of his various businesses, properties, and other entities has
received one or more presents or emoluments from foreign states and will continue to do so .
B. Thedefendant'sDomesticEmolumentsClauseviolations
79 As alleged above, the defendant owns and controls hundreds of businesses
throughout the country, including hotels and other properties. The defendant personally benefits
from the business dealings of these entities and agreementsassociated with them, and is and will
be enriched by their business with state governments federal agencies within the scope of the
DomesticEmolumentsClause.
52
U.S. Office of Gov't Ethics, Donald J. Trump, 2016 Executive Branch Personnel
Public FinancialDisclosure Report (May 16, 2016) , http://bit.ly/2gBUwIV
.
24
Case 8 :17-cv -01596 - PJM Document 1 Filed 06/12/17 Page 28 of 48
The DistrictofColumbia'sTrump InternationalHotel
80. On August 5 , 2013 Trump Old Post Office LLC , a business entity owned
primarily by the defendant, signed a 60 -year lease with the General Services Administration
( ) independent agency of the United States, whose administrator is appointed by the
President open a hotel in the Old Post Office Building in the District of Columbia .
81 . More than 76% of Trump Old Post Office LLC is owned by DJT Holdings LLC,
which is in turn owned almost entirely by the Donald J. Trump Revocable Trust, of which the
defendant is the sole beneficiary. The Trump International Hotel Washington, D.C. is located at
this site . The defendant not divested his interest in the lease since becoming President.
82 Section 37.19 of the Old Post Office lease states : " No elected official of the
Government of the United States ... shall be admitted to any share or part of this Lease, or to
any benefit that may arise therefrom. A violation of Section 37.19 is a non -monetary breach
and a default unless it is remedied within 30 days after notice from the GSA . Accordingly, the
defendant has been in breach of the lease with the GSA since 12:01 pm on January 20, 2017,
when he becamePresident
.
83 . Before the defendant's inauguration , the GSA's Deputy Commissioner indicated
to Representatives Elijah Cummings Peter DeFazio, Gerald Connolly, and André Carson that
the defendant would be in violation of the lease unless he fully divests himself of all financial
interests in the lease the Trump International Hotel, which he has not done. Shortly after
the inauguration , Norman Dong, a GSA official appointed by former President Obama, became
acting administrator. But less than a day later, the defendant replaced Mr. Dong with Tim
Horne, who had coordinated the GSA's transition with the defendant's campaign.53
53
Isaac Arnsdorf, Trump Picks Leader for Federal Agency Overseeing His D.C. Hotel,
25
84. Several weeks later, on March 16 , 2017 , the defendant released a proposed 2018
budget increasing funding, while cutting all or nearly all other non-defense- related
(
agencies budgets.54 One week after that, on March 23, the GSA issued a letter stating that
contrary to the lease's plain terms Trump Old Post Office LLC " is in full compliance with
Section 37.19 [of the lease and accordingly, the lease is valid and in full force and effect.
significant portion of the letter reviews the purported financial benefits of the lease to the GSA
and taxpayers though those benefits are immaterial to the question of breach.
85 . Attached to the March 23, 2017 letter was an amendment to the agreement
governing the business of Trump Old Post Office LLC . This amendment is the basis of the
GSA's positionthat the tenant is in compliancewith the lease, but the letter does not explainhow
the amendment brings the tenant into compliance. In fact, as described above, the amendment
does not prevent the defendant from receiving any benefit from the lease, and Trump Old Post
Office LLC remains in breach of the lease.
86. In forbearing from enforcing the Old Post Office lease's default and termination
procedures, despite the tenant's breach of its terms, and in cooperating with the tenant in
attempting to create the appearance of compliance with the lease, the federal government has
given the defendant an emolumentin violation of the Domestic EmolumentsClause.
87. Additionally, the defendant

, through entities he owns, is seeking a $32 million
historic- preservationtax credit for the Trump International Hotel. Approval of this credit is at
POLITICO (Jan. 26 2017), http://politi.co/2psgMfU

54
Office of Mgmt. & Budget, Exec. Officeof the President , America First, A Budget
Blueprintto Make America Great Again ( 2017), http://bit.ly/2nvjrBO.
55
Letter from Kevin M. Terry, Contracting Officer, United States Gen. Servs.
Admin., to Donald J. Trump Jr.(Mar. 23, 2017) , http://bit.ly/2nhKfaB
.
26
Case 8 :17 - cv - 01596 - PJM Document 1 Filed 06/12/17 Page 30 of 48
the discretion of the National Park Service, an instrumentality of the federal government now
under the defendant's authority.56 approved, the tax credit would offset approximately 20% of
the cost of rehabilitatingthe buildingin which the Trump InternationalHotel is operating.
88 . On November 14, 2016 , the defendant received approval from the National Park
Service for the second phase of three-step -approval process. Iffinal approval is granted, it
may constitute an emolument, in violation of the Domestic Emoluments Clause.
Mar-a -Lago Club
89 . The Mar -a -Lago Club is a private club and estate located in Palm Beach, Florida.
It is comprised of 20 acres of land, with a main mansion of over 100 rooms, along with a beach
club, pools, tennis courts , and a 20,000 square foot ballroom for private events . The estate itself
was purchased the defendant in 1985. A decade later , in 1995 , the defendant opened the club
as a hotel and resort for dues-paying members of the public. It is owned by the defendant directly
or owned by entities that he directly controls.
90. The defendant, through entities he owns, receives paymentsmade to the Mar- a
Lago Club by membersand guests who join or visit the club , or rent space there, or pay for other
goods or services at the club.
91 Membership in the Mar- a - Lago Club requires payment of an initiation fee of

.
$200,000 , plus tax , as well as $ 14,000 a year in annual dues . This fee was doubled following the
defendant'selection as President an increase from $ 100,000 to $200,000.57 Since his election,
56
Eric Levitz, Trump Won the Presidency, Then Approval on a Tax Subsidy for His Hotel,
New York Mag. (Nov. 30 , 2016 ) , http://nym.ag/20FF109 .
57
Robert Frank, Mar a -Lago Membership Fee Doubles to $ 200,000, CNBC ( Jan. 25 ,
2017 ) , http://cnb.cx/2kjIc2j
27
the defendant has also attempted to capitalize on his office by advertising his private property to
foreign governmentsand individuals.
92. The State Department and at least two U.S. Embassies— those located in the
United Kingdom and Albania promoted the Mar- a- Lago estate and club on their
respective websites by posting a 400-word blog post, originally written by Leigh Hartman for a
State Department managed website , Share America , " on April 4, 2017.58
93 . The State Department and embassies' actions have served to promote Mar-a
Lago as the defendant's " Florida estate and claimed that it has become well known as the
president frequently travels there to wo or host foreign leaders.
94. The State Department is an executive department within the federal government
under the defendant's authority.
95 ShareAmerica the blog for which the post was originally written , is specifically
directed towards foreign individuals and governments.60
96 . This post advertising Mar- a - Lago has since been removed from the websites of
the State Department and the embassies , but not before substantive , world -wide advertising of
the defendant's private property , using government resources, had occurred .
97 The defendant has used his official position as President to promote his Mar- a
Lago property. He has designated Mar-a -Lagoas the "Winter White House," and also refers to it
, U.S. Embassies Promoting Trump's Mar-a- Lago,

58
Darren Samuelsohn, State Department
POLITICO(Apr. 24, 2017) , http://politi.co/2peC7Jb.
59
Mar- a - Lago: The winter White House, http://bit.ly/2paWtRK (blog post
subsequently removed ; former blog post shown at Dan Merica, State Department removes Mar-a - Lago
blog post, CNN ( Apr. 25 , 2017) , http://cnn.it/2pdRu2x).
60
About Us ShareAmerica , https://share.america.gov/about-us/ (last visited June 9 ,
2017 ) .
28
as the SouthernWhite House." Since taking office, he has visited Mar- a- Lago on at least seven
occasions, and has met with a number of foreign leaders there, includingJapanese Prime
62
Minister Shinzo Abe and the President of the People's Republic of China, Xi Jinping.
98 Upon information and belief, federal, state , and local governments, or their
instrumentalities
, have made and will continue to make payments for the use of facilities owned
or operatedby the defendant for a variety of functions. The defendant will receive a portion of
those payments , which constitute emoluments prohibited by the Domestic Emoluments Clause.
99 . Although the exact extent of these emoluments is not currently known, examples
of current or potential violations include " public pension funds in at ast seven U.S. states"
not the State ofMarylandor the District of Columbia — that " have invested millions of dollars in
an investment fund that owns a New York hotel and pays one of President Donald Trump's
companies to run it, according to a Reuters review of public records." 63 And the defendant has
61
See , e.g., Press Briefing by Press Secretary Sean Spicer Feb. 2, 2017 ) (“ Luckily, for
those of you who are going to be joining the President down to Florida this weekend , you'll get
some time to get a glimpse of summer at the Winter White House in Mar a -Lago. ,
http://bit.ly/2k5Q312 Remarks by President Trump in Listening Session with the National
Association ofManufacturers Mar. 31 , 2017 ) ( The President: ... As you know the President of
China is coming to Florida. We're having a meeting meeting at Mar a- Lago. We call it
the Southern White House , which it actually is . It was originally built as the Southern White
House , a lot of people don't know ."), http://bit.ly/2rUHOZI .
See Background Briefing by Senior Administration Officials on the Visit of
62
President Xi Jinping of the People's Republic of China ( Apr. 4 , 2017) ( " SENIOR
ADMINISTRATION OFFICIAL : I'm certain it was President Trump's invitation that they
meet outside of Washington , D.C. know , you've heard people refer to it as the ' winter
White House. It's a place where he feels comfortable and at home, and where he can break the
ice with Xi Jinping without the formality , really , of a Washington meet-up .” ),
http://bit.ly/2nVQy26 .
63
Julia Harte, Exclusive: A New York hotel deal shows how some public pensionfunds help to
enrich Trump, Reuters (Apr. 26, 2017), http://reut.rs/201ONEp .
29
received (or likely receive) a host of other potential emoluments from federal, state, and / or
local governments.
Post- inaugurationpremiumfor the defendant's goods and services

100. Since the defendant's inauguration as President
, goods and services sold by his
various Trump businesseshave sold at a premium . The defendant'shigh office gives the Trump
brand greater prominence and exposure. Moreover, these goods and services provide or have
the potential to provide) a unique benefit: access to, influence on, and the goodwill of the
President of the United States.
101. Thus , for example , the starting rate for "guest rooms at the defendant's Old Post
Office hotel increased to $500 on most nights, up hundreds of dollars from when the hotel first
opened shortly before the defendant's election.64
102 . Further, as discussed earlier, the initiation fee for membership at defendant's Mar
a- Lago resort doubled from $ 100,000 to $ 200,000 shortly after he was elected.65
D. The plaintiffs ' interests in this litigation
103 The plaintiffs interests in this litigation are substantial. They are harmed by the
defendant's constitutional violations in at least two distinct ways. First, they have suffered (and
will continue to suffer) harm to their sovereign and/ or quasi-sovereign interests, including
Maryland's interest in preserving its rightful status within our federal system; the plaintiffs
interest in not being subjected to unfair competition by virtue of ongoing violations of
constitutional provisions designed to guard against corruption and to protect interests distinct to
the states themselves; the plaintiffs interest in protectingtheir economies and their residents from
64
The Associated Press, Trump Hotel May Be Political Capital of Nation's Capital
,
Fortune , 2017), http://for.tn/2rsCsXI
.
65
Robert Frank, Mar-a-Lagomembership fee doubles to $ 200,000.
30
economic harm; and Maryland's interest in preserving its tax revenue. Second, the plaintiffs have
suffered and will continue to suffer) proprietary and other financial harms as a result of the
defendant's ongoing constitutional violations

. These injuries can be redressed by a declaration
that the defendant is in violation of the Emoluments Clauses and an injunction preventing his
continuedviolationof them.
Sovereignandquasi- sovereigninjuriesto the plaintiffs
104. Maryland's sovereign interest in enforcing the terms on which it
agreed to enter the Union . Before adopting the federal Constitution , Maryland and its sister
states were truly independent sovereigns. Many of these states including Maryland
incorporated protections against public corruption into their own legal codes and constitutions ,
with specific prohibitions on public officials acceptingpayments from federal

, state, or foreign
governments. The Maryland Declaration of Rights, adopted August 14, 1776, provides that all
persons invested with the legislative or executive powers of government are the trustees of the
public , " and contains a precursor to the U.S. Constitution's Emoluments Clauses.66 This
precursor combines the concerns of the two clauses into a single prohibition: “ That no person
ought to hold, at the same time, more than one office of profit, nor ought any person, in public
trust, to receive any present from any foreign prince or state , or from the United States, or any of
them , without the approbation of this . The Maryland Constitution of 1776 further
provided for banishment forever " as a potential punishment for a governor sharing directly or
66
Md. Declaration of Rights of 1776, art . 4 (Aug. 14, 1776).
67
Id., art. 32
31
indirectly in the profits of another office, and also prohibited the governor from receiving part of
the profits of supplyingthe armyand
105. Maryland's historical prohibition against foreign and domestic emoluments is
consistent with the constitutions adopted by the other colonies at the time. The Pennsylvania
Constitution of 1776, which Benjamin Franklin helped draft, made clear " [t ]hat government is,
or ought to be, institutedfor the common benefit, protectionand security of the people, nation or
community; and not for the particular emolument or advantage of any single man, family, or sett
ofmen, who are a part only of that community. The South Carolina Constitution of 1776,70
and the Massachusetts Constitution of 1780,71 contained prohibitions against corruption
ofpublic officials .
106 . The prohibitions contained in the Domestic and Foreign Emoluments Clauses
were thus materialinducements to the states enteringthe union. As a state sovereign, Maryland
retains its power to bring suit to enforce those prohibitions today.
107 The plaintiffs' governmental interest in not being compelled to
compete improperly for influence or favor. As explained above, the Domestic
68
Md. Const . of 1776 , arts. 33 and 53 .
69
Const . of Pa., Declaration of the Rights of the Inhabitants of the Commonwealth
or State of Pennsylvania , art. V also id “As every freeman to preserve his
independence , (if without a sufficient estate ) ought to have some profession , calling, trade or
farm , whereby he may honestly subsist , there can be no necessity for, nor use in establishing
offices of profit, the usual effects of which are dependence and servility unbecoming freemen , in
the possessors and expectants ; faction , contention , corruption , and disorder among the people .
But if any man is called into public service ; to the prejudice of his-private affairs, he has a right to
a reasonable compensation : And whenever an office , through increase of fees or otherwise ,
becomes so profitable as to occasion many to apply for it , the profits ought to be lessened by the
legislature .
70
S.C. Const. of 1776, art. X.
71
Mass. Const., ch . II art . XIII.
32
Emoluments Clause in particular reflects the Framers' deep concern that one or more of the
states (or the federal government) might seek to buy off the President so that he would exercise
power to their advantage and to the detriment of other states, thereby disrupting the balance of
power in the federalist system . Thus , the Domestic Emoluments Clause aims to prevent the
United States, or any of them , " from feeling compelled (or being compelled confer private
financial benefits on the Presidentin order to compete for influence and favor.
108. The District and Maryland each have a governmental interest in the enforcement
of their respective laws regarding taxation, environmental protection, zoning, and land use as
they relate to real property that the defendant or the Trump Organization may own or seek to
acquire. The defendant and his affiliated enterprises have a large and expanding portfolio of real
estate holdings, including a hotel in the District, and the defendant's Trump International
Realty, otherwise known as T International Realty LLC , is registered to conduct business in
Maryland.72
109. Real-estate acquisition, ownership, and development implicate a range of legal
requirements under the laws of the District and Maryland, including tax laws that generate
revenue for the District Maryland, and their instrumentalities . The defendant has boasted that
he has achieved success in real- estate acquisition and development by using his financial clout
and political connections to extract from governments maximum concessions, exemptions,
waivers, and variances with respect to taxes and other requirements imposed by law.73
72
Md. State Dep't Assessments and Taxation , Md. Business Express, Registration
for Trump International Realty, http://bit.ly/2qXZWpQ .
73
Geraldine Baum, Tom Hamburger & Michael J. Mishak , Trump has thrived with
government's generosity , L.A. Times (May 11, 2011 ) , http://lat.ms/1UGMtc8 ; Jillian Kay Melchior,
Donald Trump Has Mastered the Art of the Tax Break, National Review (Aug. 19 , 2015 ) (“ Trump has
long sought subsidies , tax breaks, and other preferential treatment from the government." )
33
Indications to date suggest that this longstanding practice of the Trump Organization did not
cease upon the defendant's election to the Presidency ; rather, there is evidence that the
defendant'sascendancy to the highestoffice in the land has enhancedhis organization'sability to
win concessions from governments with respect to his properties.74
110. The defendant's acceptance or receipt of presents and emoluments in violation of
the Constitution presents the District and Maryland with an intolerable dilemma: either ( 1) grant
the Organization's requests for concessions , exemptions, waivers , variances and the like and
suffer the consequences , potentially including lost revenue and compromised enforcement of
environmentalpro on, zoning, and land use regulations

, or (2) deny such requests and be
placed at a disadvantage vis- à -vis states and other government entities that have granted or will
agree to such concessions. Either way, the result is the very type of injury that the Domestic
Emoluments Clause was to prevent.
111. Moreover, the District and Maryland, which rank first and fourth , respectively, in
per capita amount of federal government expenditures, are particularly susceptible to injury
resulting from budgetary decisions that are subject to the corrupting influence of emoluments.7
Federal funds make up approximately 25 % of the District's fiscal year 2018 budget,76 and
Maryland is relying on federal funds for nearly 30 % of the State government's budget for fiscal
.
http://bit.ly/1rher3Y
74
Michael LaForgia & Steve Eder, When That FeistyNeighborBecomes the President, N.Y.
Times May , 2017), http://nyti.ms/2qXUxPw.
75
U.S. Dept. of Commerce, Consolidated Federal Funds Reportfor Fiscal Year 2010 (Sept.
2011) at 23, 32 http://bit.ly/2r6mJRe.
76
Council of the District of Columbia, Committee of the Whole, Report on Bill 22
241, the " Fiscal Year 2018 Federal Portion Budget Request Act of 2017 (May 30, 2017) at 2,
http://bit.ly/2s0x6Fz.
34
Case 8 : 17 -cv -01596 -PJM Document1 Filed 06/12/17 Page 38 of 48
year 2018.77 Federal government spendingaccounted for more than 42% of the District's gross
domestic product and more than 28 % of Maryland's in fiscal year 2014.78 Both the District and
Maryland are home to headquarters for federal agencies. Civilian federal agencies employ
approximately 17% of the workforce in the District79 and 10% of Maryland's total workforce.80
Federal agencies annually have spent more than $ 21 billion for procurement in the District and
more than $26 billion for procurement in Maryland.81 Given this significance of federal
government spending and operations, and the President's significant role in determining how ,
when, and where federal funds are spent , the conflict of interest inherent in the defendant's
receipt ofemoluments directly and profoundly affects the District and Maryland.
112
The plaintiffs seek to protect this distinct interest, and thereby vindicate their role
as governments in our constitutionalscheme.
113 . The plaintiffs' interest inpreventingeconomic injury to their residents
and their economies. The District is home to 680,000 residents, while the State of Maryland
is home to over 6.1 million residents. Residents ofboth the District and Marylandparticipatein a
thriving hospitality industry that comprises a substantial part of the plaintiffs economies. For
77
Md. Dept. of Legislative Services, The 90 Day Report: A Review of the 2017 Legislative
Session at A -3 , A - 28, http://bit.ly/2r6gIEs.
78
Pew Charitable Trusts , Issue Brief: Federal Spending in the States 2005 to 2014 Mar. 3,
2016 ) at 6 .
79
Office of Personnel Management, Data Analysis & Documentation : Federal
Employment Reports ( Sept. 2015 ) http://bit.ly/2qZWcRE District of Columbia , Wage and
Salary Employment by Industry and Place of Work (Dec. 2015 ), http://bit.ly/2raFJhF .
John Fritze, Trump's Budget Suggests Major Changes in Md., Baltimore Sun (Mar. 16,
80
2017 ) , http://bsun.md/2r6n1
81
U.S. Dept. of Commerce, ConsolidatedFederalFunds Report for Fiscal Year 2010 (Sept.
2011) at 37 , 48 http://bit.ly/2r6mJRe
.
35
Case 8 :17- - 01596 - PJM Document 1 Filed 06/12/17 Page 39 of 48
example, in 2014, visitors to the District generatedapproximately$ 6.81 billion in spending82 and
drove $3.86 billion in wages83 for 74,570 employees in the hospitality industry.84 In
Maryland, tourists and travelers spent nearly $ 17 billion in 2015 , yielding $ 5.7 billion in wages
for more than 140,000 employees, 85 including more than 72,000 hospitality industry workers
employed in the two Maryland counties that border the District of Columbia.86 Both the District
and Maryland regulate competition and transparency in this industry through laws that prohibit
anticompetitiveor deceptivepracticesand protect consumers.
114. Residents of the District and Maryland are injured by the payment of presents
and emoluments to the defendant because it tilts the competitive playing field toward his
businesses; causes competing companies and their employees to lose business, wages, and tips;
and generates a range of market distortions that restrict and curtail opportunity diminish
revenues and earnings, and hamper competition.
115 . The District and Marylandhave the authority and right to vindicate their interest
in providing and preserving a level playing field in the hospitality industry, and in ensuring that
their residents are free from the injuries and competitive disadvantages that flow from
defendant's violations of the Emoluments Clauses.
82
Office of the Deputy Mayor for Planning and Economic Development, Hospitality
and Tourism , https://dmped.dc.gov/page/hospitality-and-tourism.
83
Id.
84
Id.
85
Md. Tourism Development Board, FY 2016 Tourism Development Annual Report
4, 2017 ) at 3 , http://bit.ly/2rOk3Ra .
Md. Dept. of Commerce, Montgomery County, Md.: Brief Economic Facts 2017) at 2 ,
86
http://bit.ly/2rFHvG2 Md. Dept. of Commerce, Prince George's County, Md.: Brief Economic Facts
(2017 ) at 2 , http://bit.ly/2sY6P8e.
36
Case 8 :17-cv -01596 - Document 1 Filed 06/12/17 Page 40 of 48
116. Maryland's sovereign interests in tax revenues

. The defendant's
violations of the Emoluments Clauses also injure Maryland's interest in preserving tax revenue
for the benefit of its residents. For example, National Harbor is a resort developmentwith hotels,
a casino, restaurants, entertainment, a marina, and shops locatedon the Potomac Riverin Prince
George's County, Maryland. Although Maryland does not own National Harbor, the various
hotels and other businesses in the complex generate significant tax revenue for state and local
governments, through income tax assessed on the businesses and their employees, sales tax, hotel
tax , and other taxes and fees .
117. The National Harbor development includes MGM National a hotel,
entertainment, shopping, and casino complex that is subject to a Community Benefit Agreement
between MGM National Harbor, LLC, and the government of Prince George's County, a
subdivision of the State of Maryland.87 The Community Benefit Agreement sets goals
encouraging MGM National Harbor to hire Prince George's County residents , to contract with
minority business enterprises and other businesses located in the County , and to create
investment opportunities for County residents . The casino is operated under a gaming license
granted by the Maryland Lottery and Gaming Control Commission, a state government entity.
Under Marylandlaw, the state and local governmentsreceive 56% of the proceeds generatedby
MGM National Harbor'svideo lottery terminals and 20% ofthe gross proceeds generatedby its
table games.88 In the first four months of 2017 , MGM National Harbor's casino proceeds
contributed more than $75 million in revenue to state and local government treasuries to fund
87
See County Council of Prince George's County, Md., Resolution No. CR -68-2014
(July 23 , 2014) (approving Community Benefit Agreement), http://bit.ly/2rotRaS.
88
Md. Code Ann ., State Gov't 9-1A - 27; Md. Lottery and Gaming Control
Agency , Maryland Casinos Generate $ 135.7 Million in Revenue During April, http://bit.ly/2s8zSsD .
37
various public purposes, including more than $55 million for the Education Trust Fund.
Any circumstance impairs National Harbor's ability to attract visitors and guests will
diminish the revenues on which the state and local governments depend.
118. Trump International Hotel, located in the District of Columbia, is a direct
competitor of National Harbor's hotels and other businesses, including MGM National Harbor.
Those hotels and businesses suffer competitive harm by the defendants ongoing constitutional
violations , and Maryland's tax coffers , in turn , are diminished as a result.90
Proprietary and other financial injuries to the plaintiffs
119. The District of Columbia. The District has a financial interest in properties
,
venues , and other enterprises located within the District as owner , lender, or landlord .
120. The District owns the Walter E. Washington Convention Center . The
Washington Convention and Sports Authority (also known as Events DC) , is an instrumentality
of the government of the District of Columbia . Events DC operates event and conference venues
in the District, including the Walter E. Washington Convention Center, D.C. Armory, and
Carnegie Library.
121. The District, through Events DC , serves the diplomatic community and foreign
and state governments by providing services that compete with those owned or controlled by the
defendant or the Trump Organization.
122 In fiscal year 2016 Events DC generated over $30 million in revenue
building rental and ancillary charges . A portion of Events DC's rev based on demand for
the Convention Center, D.C. Armory, and Carnegie Library.
89
Id.
Benjamin Freed MGM Says Its National Harbor Resort Will Away Donald
90
Trump's Hotel, Washingtonian (Jan. 20 , 2016), http://bit.ly/2qXV7g6.
38
123 On August 9 , 2016, the Embassy of Colombia partnered with the U.S. Soccer
Foundation to host an Olympic watch party at the Carnegie Library for the soccer match
between the U.S. Women'sNationalteam and Colombia.91
124. On September 6, 2016, the Embassy of Tajikistan celebrated Tajikistan
Independence Day at a reception held at the Carnegie Library. 92
125 As discussed above, Trump International Hotel Washington, D.C., specifically

.
markets its hotel rooms, event space, and food and beverage services to the diplomatic
community and foreign governments.
126 The defendant , his family , and other members of the defendant's administration
have continued to promote his hotel properties, such as by making multiple appearances at those
properties , including in connection with official business .
127 Since the defendant's inauguration, foreign governments ( including the Embassy
of Kuwait and the Kingdom of Saudi Arabia) have held events at the hotel, and public officials
have stated that, since the defendant was elected president

, they are more likely to pay for goods
and services at the defendant's properties in an attempt to curry favor with him .
128. The defendant's receipt or acceptance of presents or emoluments through the
Trump International Hotel Washington, D.C. and other properties owned or controlled by the
defendant or the Trump Organization has resulted in a competitive injury to the Walter E.
Washington Convention Center, D.C. Armory , and Carnegie Library.
Olympic Watch Party, US Soccer Foundation website last visited June 10, 2017),
91
http://bit.ly/2auRNlm .
92
Tajik Independence, Washington Diplomat Facebook page last visited June 10 ,
2017 ), http://bit.ly/2rMR3z8 .
39
Case 8 :17-cv-01596- PJM Document Filed 06/12/17 Page 43 of 48
129. The District's interest is further injured by the loss of the economic value of its
brands in comparison to defendant's brand, as foreign and state governments and their agents
and instrumentalities favor his businesses for reasons related to the defendant's receipt or
acceptance ofpresents or emoluments .
130. The State of Maryland . Maryland has a proprietary interest in properties,
venues, and enterprises that directly compete with those owned or controlled by the defendant or
the Trump Organization. Maryland suffers economic loss because its enterprises are placed at a
competitive advantage as the result of the defendant's ongoing violations of the Foreign and
Domestic Emoluments Clauses.
131. Specifically, Maryland has a direct financial interest in the MontgomeryCounty
Conference Center, part of the Bethesda North Marriott Hotel and Conference Center located
in Bethesda, Maryland. The site of the hotel and conference center is owned by the Montgomery
County Revenue Authority, a public corporation established by Montgomery County , which is a
subdivision of the State of Maryland. The County Revenue Authority leased the conference
center portion of the site to MontgomeryCounty and to the Maryland Stadium Authority, an
instrumentalityof the State, as equal tenants-in- common to develop the conference center. The
development of the conference center was funded through bonds issued by the Maryland
Stadium Authority, separate bonds issued by the County Revenue Authority, and direct
contributions from Montgomery County. The County Revenue Authority also leased the hotel
portion of the site to consortiumof private investorsthat funded the development of the hotel.
The hotel and conference center are overseen by a management committee that includes
representativesof MontgomeryCounty and the Maryland StadiumAuthority, and the facility is
93
Md. Code Ann ., Econ. Dev. (2008 Repl. Vol.) .
40
operated by Marriott Hotel Services, Inc., under an agreementwith Montgomery County. The
conference center offers approximately 39,000 square feet of meeting space. In fiscal year 2016 ,
activities at the conference center generated, directly and indirectly, an estimated $45.9 million in
spending
, and yielded estimatedtax revenues of more than $ 2.7 million for the State and nearly
$ 1 million for Montgomery County .
132 Furthermore, as explained above, the State of Maryland has suffered financial
harm because it has a sovereign interest in the receipt of tax revenues from facilities (like the
National Harbor) that are in competition with businesses owned by the defendant and / or his
affiliated enterprises outside the State.
133 The declaratory and injunctivereliefthat the plaintiffsare seeking would remedy
these injuries by eliminatingthe plaintiffs competitive disadvantage vis-à-vis the defendant.

V.
CLAIMS
COUNTI
Violations ofthe ForeignEmolumentsClause
(Declaratory and Injunctive Relief)
134 As discussed in detail above, the defendant has violated and will continue to
.
violate the Foreign Emoluments Clause. The phrase " Person holding any Office of Profit or
Trust, used in the clause, includes the President. The phrases present and " Emolument
of any kind whatever ” together cover anything of value, including without limitation monetary
and non -monetary gifts or transactions , transactions granting special treatment , and transactions
above marginal cost . And the phrase " any King, Prince, or foreign State includes any foreign
government and any agent or instrumentality thereof.
94
Montgomery County Conference Center Economic and Fiscal Impact Analysis FY 2016 , Final
Report Jan. 2017 ) at 1-2.
41
135. The defendant has accepted present[s ] " or " Emoluments] " directly from or
from agents or instrumentalities of China, the United Arab Emirates, Kuwait, Indonesia, Saudi
Arabia , Afghanistan, Qatar, India, Georgia , the United Kingdom, and other State [ s] ,"
without seeking or obtaining " the Consent of the Congress as required by the Foreign
Emoluments Clause.
136. As described more fully in paragraphs 29 to 78 herein, the defendant is
committingor will commit these violations in connection with transactionsinvolvingthe Trump
International Hotel Washington, D.C., New York's Trump Tower and Trump World Tower,
restaurantsthe defendantowns or that are located in his hotels or other erties, the television
program “ The Apprentice and its spinoffs and international versions, and other business and
property interests and transactions in the United States and abroad.
137. As a direct result of these violations of the Foreign Emoluments Clause , the
plaintiffs, and their residents, have suffered significant harm . They also stand to suffer additional
significant harm directlyfrom the further occurrenceof these violations.
138. Noplan announcedby the defendant or his attorneys as of the date of this filing
can make this conduct constitutional or otherwise remedy these constitutional violations.
139. The District of Columbia and the State of Maryland are entitled to injunctive
and declaratory relief to stop the above -mentioned Foreign Emoluments Clause violations and
any other Foreign EmolumentsClause violations. This Court has the power to grant such relief
to its inherent authority to grant equitable relief and 28 U.S.C. 1331 and 2201.
COUNTII
Violationsofthe DomesticEmolumentsClause
(Declaratoryand InjunctiveRelief)
140. As discussed in detail above , the defendant has also violated and will continue
to violate the Domestic EmolumentsClause. As President

, he is the sole subject of the clause.
42
Case 8 :17-cv- 01596- PJM Document 1 Filed 06/12/17 Page 46 of 48
The phrase " any other Emolument under the clause covers remuneration beyond the
President's Compensation " as set by Congress, including monetary and nonmonetary
payments or transactions, transactions granting special treatment, and transactions above
marginal cost. And the phrase " the United States, or any of them includes any part of the
federal government, any state government, any local government, and any agent or
instrumentality thereof.
141 .
The defendant is and will be accepting any other Emolument
" from " the
United States, or any of them . As described more fully in paragraphs 79 to 99 herein, the
defendant has committed violations of the Domestic Emoluments Clause, and without this
Court's intervention he will continue violate the clause .
142 . As a direct result of these violations of the Domestic Emoluments Clause, the
plaintiffs, and their residents, have suffered significant harm . They also stand to suffer additional
significant harm directly from the further occurrence of these violations.
143
No plan announced by the defendant or his attorneys as of the date of this filing
can make this conduct constitutional or otherwise remedy these constitutional violations.
144. The District of Columbia and the State of Maryland are entitled to declaratory
and injunctive relief to stop and prevent the above-mentioned Domestic Emoluments Clause
violations and any other violations of the clause. This Court has the power to grant such relief
pursuant to its inherent authority to grant equitable relief and 28 U.S.C. 1331 and 2201 .
43
Case 8 :17 - cv - 01596 - PJM Document 1 Filed 06/12/17 Page 47 of 48
VI.
PRAYERFOR RELIEF
WHEREFORE , the District of Columbia and the State of Maryland respectfully request
that this Court enter a judgment in their favor and against the defendant, consistingof:
(a A declaratory judgment , stating that the defendant has violated and will continue
to violatethe Foreignand DomesticEmolumentsClauses, as construedby this Court;
(b ) injunctive relief enjoining the defendant from violating the Foreign and Domestic
Emoluments Clauses , as construed by this Court ;
( c) such other and further relief as this Court may deem just and proper .
Dated: June 12, 2017 THE DISTRICTOF COLUMBIA
By:
KARL A. RACINE*
Attorney General for the District of Columbia
NATALIEO. LUDAWAY
ChiefDeputyAttorneyGeneral
FederalBar No. 12533
natalie.ludaway@dc.gov
STEPHANIEE. *
Senior Counsel to the Attorney General
stephanie.litos@dc.gov
441 FourthStreet, N.W.
Washington, D.C. 20001
T : ( 202) 724-1521
F (202) 730-1837
:
* pro hac vice application forthcoming
THE STATEOF MARYLAND
By
BRIAN E. FROSH
Attorney General of Maryland
44
STEVENM.SULLIVAN
Federal Bar No. 24930
ssullivan@oag.state.md.us
PATRICK B. HUGHES
FederalBar No. 19492
phughes@oag.state.md.us
Assistant AttorneysGeneral
200 Saint Paul Place, 20th Floor
Baltimore, Maryland21202
T : (410) 576-6325
F ( 410) 576-6955
:
D. BOOKBINDER *
nbookbinder@citizensforethics.org
STUART C. *
smcphail@citizensforethics.org
Citizens for Responsibility and
Ethics in Washington
455 Massachusetts Avenue , N.W. , 6th Floor
Washington , D.C. 20001
T : (202 ) 408-5565
F: (202) 588-5020
* pro hac vice applicationforthcoming
45

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Case 8 :17- cv- 01596- PJM Document 1 Filed 06/12/17 Page 1 of 48

BRIAN E.FROSH KARLA. RACINE*

STEVENM. SULLIVAN NATALIEO. LUDAWAY

* pro hac vice applicationforthcoming

* pro hac vice application forthcoming

B. The defendant'sDomesticEmolumentsClause violations 24

Post-inauguration premium for the defendant's goods and services 30

VI. Prayer for relief. 44

1. This is an action against DonaldJ. Trump in his official capacity as President of

Maryland, and in MontgomeryCounty, Maryland.

officials. The first provision, the ForeignEmolumentsClause, prohibits any holdingany

3 Vested by the Constitutionwith extraordinary power, the President is bound by

President acted with such disregard for this constitutional prescription .

President is important to maintaininggoodwill

foresaw that possibility , and acted to prevent that harm .

5 The Emoluments Clauses are two critical closely related anti-corruption

or compromising effects of financial inducements provided by foreign nations, their leaders,

fear of harming his own companies.

is remuneratedonly by the compensationfixed in advance by Congress.

8. Relatedly, and in ways particularly important to the plaintiffs, the Domestic

NormanL. Eisen, RichardPainter& LaurenceH. Tribe, The EmolumentsClause: Its

a similarvein, the provisionsafeguardsthe states and the District from unfairadvantagescertain

that other states lack .

9 . President Trump, acting through companies he owns or controls, has violated

condominiums in Trump properties by foreign governments or foreign - government-controlled

domestic and international properties owned, operated, or licensed by President Trump;

connection with the same property; and ( from foreign- government

broadcasters related to rebroadcasts and foreign versions of the television program

11 . The President's violations of the EmolumentsClauses undermine the trust the

Americanpeople are entitled to have in their government

influenceand deprive the Americanpeople of trust in their chiefexecutive'sundividedloyalty.

12 The District and Marylandhave compellinginterests in ensuringthat the Foreign

harm to the District and to Maryland.

interests in preventingthe defendant'sviolations of the EmolumentsClauses. The defendant, his

they will frequent his properties and businesses .

sovereigninterests of the District and Maryland. Marylandhas an interestin preservingits role as

who, as the defendant's local competitors

reduction in tax revenue that flows from those violations.

PresidentTrump has violated the Foreignand Domestic EmolumentsClauses and an injunction

againstviolatingthese clauses further.

18. The District of Columbia is a municipal corporation empowered to sue and be

for upholding the public interest.

in his official capacity.

23. The Foreign EmolumentsClause. The origins of the Foreign Emoluments

thinking by those who drafted state constitutions, includingMaryland's, those who

24 . The Foreign EmolumentsClause was not included initially at the Constitutional

influence. EdmundJennings Randolph confirmed the clause's anti-corruption purpose, stating:

Trust under the United States, " including the President.

of value, including without limitation payments, transactions granting special treatment

Justice's Office of Legal Counsel, whose constitutionalinterpretationsare instructive, though not

27 . The Domestic Emoluments Clause . The Framers also intended to prevent

emolumentsbeyond his salary. This ban on additional emoluments, Alexander Hamiltonwrote,

or her office for profit. "

their respectiveinstrumentalitiesand subdivisions.

A. The defendant's Foreign Emoluments Clause violations

empire comprises a multitude of different corporations, limited liability companies, limited

with foreign governments, instrumentalities, and officials.

his businessesor establishinga blind trust.

SortingIt Out, NPR(Dec. 5 , 2016), http://n.pr/2g2xZDP

32 The defendant'sson, Eric Trump (who is also an advisor to the defendant'strust),

the Presidenton at least a quarterlybasis.

The DistrictofColumbia'sTrump InternationalHotel