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A Justice Department spokeswoman said that “we believe this case should be dismissed, and we will continue to defend the president in court.” The spokeswoman did not directly address whether the administration will appeal the decision. White House spokeswoman Sarah Sanders said that the administration would not comment on pending ligation. The administration previously characterized the suit as a political stunt, noting that it was brought by Democrats. Justice Department lawyers also have noted that Maryland has not pointed to a specific example of a visitor to the region’s choosing to stay at a Trump hotel rather than a property in Maryland. “It's not enough for the plaintiffs to speculate about possible, future harm,” Deputy Assistant Attorney General Brett Shumate told the court in January. “They can’t identify any specific lost revenue.” Messitte countered that more concrete examples — such as the Embassy of Bahrain’s decision to move an event from another hotel in Washington to Trump’s property after his election — would likely apply to other hotels “based on fairly straightforward economic logic.” Both Messitte and Daniels were appointed to the bench by President Bill Clinton, a Democrat. An immediate concern for the White House is the possibility that the ruling would allow Frosh and Racine to delve into business records from Trump’s company. Frosh has said that, as part of that process, he would seek tax returns that Trump has not released. “This important decision proves once again that no one — not even the president — is above the law,” Racine said in a statement. At issue in the lawsuit are two provisions known as the emoluments clauses, which were added to the Constitution to ensure that a president’s decisions are not influenced by gifts or payments from foreign governments or states. The Democratic attorneys general argue that hotels and restaurants in the Washington region cannot possibly compete with a hotel owned by the president for guests hoping to curry favor with the White House.
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