Supreme Court May Wade Into Fight Over Trump’s Former DC Hotel

The Supreme Court could soon decide whether it will take up the long-running dispute between ex-President Donald Trump and congressional Democrats regarding the former Trump International Hotel in Washington.

The case will be discussed by the justices at a closed-door conference scheduled for March 17. Oral argument will be held if four of the nine justices decide to hear the case.

If the case goes to the Democrats and the Democrats win, the minor party in Congress would have more power to investigate an administration of the opposing party’s president even though the minority party does not have the required votes to issue a subpoena.

The Epoch Times was told by David Vladeck, the attorney for Democrats. “it is an important case,” But he declined to comment further. Vladeck, a Georgetown University professor of law, was once chairman of the Federal Trade Commission.

Bradford Mank, University of Cincinnati College of Law professor, stated to USA Today that if Democratic challengers win the election, “There would be more members of the opposite party who would file suits.”

“There would be much more danger that ideologues on both sides would … try to use the statute to embarrass a sitting president,” Mank said.

The case dates back to 2017, when Trump became president and Republicans controlled both Houses of Congress. A number of Democrats from the House Oversight Committee requested that the Trump administration provide records regarding how Trump acquired rights to develop the Old Post Office building, just blocks from Trump’s White House. Trump refused to comply. Trump critics claim that the deal smelled of corruption. They also claimed that foreign governments booked the hotel in order to curry favor with Trump’s administration.

The Trump Organization claimed that the lease process was fair. Trump’s firm said that the project was won by more than 20 hotel companies. “was awarded the job based on the strength of Trump development capabilities, financial wherewithal, vision for the property, and dedication to the preservation of the historic structure.”

Trump resigned from the presidency in January 2021. In May 2022, The Trump Organization sold its lease to the property to CGI Merchant Group. The unspecified amount was paid.

“The transaction marks the highest price per key ever achieved in Washington D.C., the highest price per key in U.S. history for a leasehold interest, and the largest sale of a historic hotel in over 15 years,” According to the Trump Organization.

According to media reports, the lease was purchased for $375 million. This could have brought in as much as $100 million in profit for the Trump family.

Now, the hotel is known as Waldorf Astoria Washington D.C.

Carnahan v. Maloney is the case, court file 22-225. Robin Carnahan serves as Administrator of the General Services Administration. This independent U.S. agency manages federal properties and offers contracting options for government agencies. Carolyn Maloney, a former Rep. from New York, was the Chair of the U.S. House Oversight Committee, until her resignation on January 3.

The legal question is whether Congress members can sue an executive agency under Article III of U.S. Constitution to compel them to reveal information they have requested under 5 U.S.C. § 2954. The law stipulates that a request to obtain information must be fulfilled if it is requested by at least seven members or five of the Senate’s counterparts in the House Oversight Committee. Article III is the Constitution’s article that established the federal judiciary.

In 2018, a federal judge dismissed the Democrats’ suit, finding that they did not have standing to bring the case. The court ruled that the lawmakers weren’t injured by the denial of the documents, and that the case was not a civil suit. “no historical precedent for members of Congress to even attempt to enforce unmet … demands through the federal courts.”

However, a panel of U.S. Court of Appeals in Washington D.C. ruled against that ruling. Circuit overturned that ruling on a 2–1 vote in 2020, finding that the lawmakers had the right to sue. The lower court was remanded to consider the case. “The separation of powers, it must be remembered, is not a one-way street that runs to the aggrandizement of the executive branch.”

In the present case, the Biden Administration sided with Trump’s former administration to defend presidential authority.

The petition (pdf), filed with the Supreme Court on November 20,22, shows that the U.S. The Supreme Court’s November 2022 petition (pdf), was approved by Elizabeth Prelogar. She quoted Neomi Rao from the circuit court, a Trump appointee who said that members of the minority could use the law against presidents.

Rao explained that the panel decision meant the “more fractious members” Congress would be at liberty “enlist the courts in their political conflicts and strategically threaten executive agencies with protracted litigation.”

Vladeck filed (pdf) a brief Feb. 6, asking the Supreme Court to deny the petition and keep the circuit court ruling in effect.

Biden’s administration claims that “this case merits review is wrong and wrong again.”

The case “presents no recurring constitutional issue warranting this Court’s attention. To the contrary, it involves a once-in-a-decade, virtually unprecedented rejection of a Section 2954 request,” The brief.

The Epoch Times contacted the U.S. Department of Justice and the GSA to provide comment, but they had not responded as of press time.