Weekly recap: Trump-stamped flag happened

Welcome to 1100 Pennsylvania, a newsletter devoted to President Donald Trump’s Trump International Hotel Washington, D.C. (and his other companies). President Trump, of course, still owns his businesses and can profit from them.

If you like what you see, tell someone—and support this work by paying for a subscription. If you’ve been forwarded this newsletter, subscribe for yourself at zacheverson.substack.com. Questions? Read our FAQ/manifesto. Tips or feedback? Contact me, Zach Everson, securely via email at 1100Pennsylvania@protonmail.com or on Signal at 202.804.2744.

On Saturdays, we recap the week’s top stories; select the day to go to that issue.

Monday

  • ‘President happened to be’ at his club while one of his political nominees lunched there too

  • Firearms conference ‘just happens to be at the Trump Hotel’ while group lobbies for rules change

  • Trump Victory fundraiser will benefit Trump candidacy, Trump Doral

  • White House staffer Ivanka Trump, who’s on a leave of absence from her job as EVP of the Trump Organization, shared a photo from her father’s campaign that prominently showed his campaign slogan.

Read Monday’s 1100 Pennsylvania.


Tuesday

  • Trump Store debuts American flag swag: Items include tee shirts with ‘Trump’ sprawled across flag, Trump family crest in lieu of stars

  • A thought on where often-absent U.S. ambassador to Canada, Kelly Craft, may be spending some of her time

Read Tuesday’s 1100 Pennsylvania.



Support this reporting, become a 1100 Pennsylvania member

Reporting on the Trump Hotel D.C. and the president’s other businesses takes time. But it’s making an impact—and you can help. If you’re not an 1100 Pennsylvania member, please become one and help us continue to report on who’s spending money at the president’s hotel—and what they might be getting in return. Memberships are this newsletter’s sole source of revenue. Select the red “Subscribe now” button and become a member by paying $5 a month or $50 a year. Thank you.



Wednesday

  • Trump supporters watched President Trump from Trump's presidential ballroom: Trump Hotel D.C. made for the ‘perfect backdrop’

  • President Trump spent last night at his Doral golf course, per the White House press pool. It was his third visit to one of his properties in the last four days,

Read Wednesday’s 1100 Pennsylvania.



President Trump chose not to divest; Americans need to know who’s paying him

Become an 1100 Pennsylvania member, and support reporting on who’s spending money at the president’s businesses—and what they may be getting in return. Memberships are this newsletter’s sole revenue source. Select the red “Subscribe now” button and become a member. It’s just $5 a month or $50 a year. Thank you.



House investigations, current status (latest change, June 22, 2019)

Financial Services

The committee sent a inquiry to Deutsche Bank AG on its ties to Trump, according to the bank on Jan. 24. On March 1, chair Rep. Maxine Waters (D–CA) said the bank is cooperating with her committee and that staffers from the panel met with bank employees in New York. On March 11, the committee requested documents on Trump’s businesses from Capital One; the bank “said it was already preserving documents but needs a subpoena in order to comply” per Politico. On April 15, that subpoena was issued. All told, the committee reportedly has subpoenaed nine banks for information about President Trump’s finances. President Trump, Don Jr., Eric, Ivanka, and their businesses sued Deutsche Bank and Capital One on April 30, however, to prevent them from sharing financial records with Congress. Deutsche Bank reportedly has been willing to cooperate with lawmakers. On May 3, the Trumps filed for a preliminary injunction to block the subpoenas. But judge Edgardo Ramos declined to issue that injunction on May 22, saying that the financial institutions can comply with the lawmakers’ request. The Trumps’ appealed that ruling on May 24. The lawmakers and Trumps agreed to refrain from enforcing the subpoenas until after the appellate court issues its ruling. The court announced it will expedite the briefing process, which will end on July 18, and hold a hearing held shortly thereafter.

Foreign Affairs

Chair Rep. Elliot Engel (D–NY) “plans to investigate whether President Donald Trump’s businesses are driving foreign policy decisions, including whether Trump violated the emoluments clause of the Constitution in the process” per CNN on Jan. 23.

Judiciary

On March 4, the committee “served document requests to 81 agencies, entities, and individuals believed to have information relevant to the investigation,” according to a statement by the panel. Among the individuals the committee requested documents from are Trump Organization EVPs Donald Trump Jr. and Eric Trump, EVP and COO Michael Calamari, CFO Alan Weisselberg, EVP and chief legal officer Alan Garten, Trump tax attorney Sherri Dillon, longtime Trump executive assistant Rhona Graff, former Trump advisor Felix Sater (whom it interviewed on March 21), former Trump attorney Michael Cohen, and Trump associate and inaugural chair Tom Barrack. The committee received “tens of thousands” of documents by the March 18 deadline the letters set for responses, according to its chair, Rep. Jerry Nadler (D–NY). Among the respondents: Barrack, Steve Bannon, and the National Rifle Association. But more than half of the targets had not replied by April 3, two weeks after the deadline. On that day, the committee authorized subpoenas for former White House aides Bannon, Ann Donaldson, Hope Hicks, Donald McGahn, and Reince Priebus, per Politico. And on May 21, the committee did in fact subpoena Hicks and Donaldson. Attorneys for the Trump Organization, Donald Trump Jr., and Eric Trump did not respond to Politico’s inquires if their clients planned to reply. The committee is considering making additional document requests, including to Trump’s personal attorney Rudy Giuliani.

UPDATED Intelligence

On Feb. 6, chair Rep. Adam Schiff (D–CA) issued a statement that said his committee would investigate links or coordination between the Russian government/related foreign actors and individuals associated with Trump’s businesses, as well as if foreign actors sought to compromise or hold leverage over Trump’s businesses. Schiff has hired a veteran prosecutor experienced with combating Russian organized crime to lead this investigation.

On Feb. 10, Schiff said the committee would investigate Trump’s relationship with Deutsche Bank, a major lender to the Trump Organization. Earlier, on Jan. 24, the committee sent an inquiry to Deutsche Bank AG on its ties to Trump, according to the bank. On Feb. 28, an aide said the panel expects to interview Trump Organization CFO Allen Weisselberg.

During testimony on March 6, Michael Cohen turned over documents that allegedly show how Trump’s then-personal lawyer, Jay Sekulow, edited Cohen’s statement regarding Trump Tower Moscow. Cohen later read this revised statement before the House and Senate Intelligence Committees. In closed-door testimony in March, Cohen claimed the president submitted a false insurance claim regarding a fresco in Trump Tower. Felix Sater, who was connected to the Trump Moscow project, was scheduled to testify in an open hearing on March 27, but that was postponed. Then he was scheduled to talk to the committee’s investigators on June 21, but did not show up.

The committee is also seeking to interview Trump inauguration organizer Stephanie Winston Wolkoff.

On March 11, the committee requested documents on Trump’s businesses from Capital One; the bank “said it was already preserving documents but needs a subpoena in order to comply” per Politico. On April 15, that subpoena was issued. All told, the committee reportedly has subpoenaed nine banks for information about President Trump’s finances. President Trump, Don. Jr., Eric, Ivanka, and their businesses sued Deutsche Bank and Capital One on April 30, however, to prevent them from sharing financial records with Congress. Schiff said Deutsche Bank has been willing to cooperate with lawmakers. On May 3, the Trumps filed for a preliminary injunction to block the subpoenas. But judge Edgardo Ramos declined to issue that injunction on May 22, saying that the financial institutions can comply with the lawmakers’ request. The Trumps’ appealed that ruling on May 24. The lawmakers and Trumps agreed to refrain from enforcing the subpoenas until after the appellate court issues its ruling. The court announced it will expedite the briefing process, which will end on July 18, and hold a hearing held shortly thereafter.

Oversight and Reform

Chair Rep. Elijah Cummings’s (D–MD) staff “has already sent out 51 letters to government officials, the White House, and the Trump Organization asking for documents related to investigations that the committee may launch,” on Jan. 13. In a Feb. 15 letter to White House Counsel Pat Cipollone, Cummings said the committee received documents showing White House attorney Stefan Passantino and long-time Trump personal attorney Sheri Dillon provided “false information” to the Office of Government Ethics regarding Michael Cohen’s “hush-money payments.” As a result, Cummings wants to depose Passantino and Dillon; the White House, however, rejected Cummings’ request to interview Passantino. And on Feb. 27, Cohen testified to the committee about those payments and other Trump Organization business practices, which could lead to allegations of possible insurance fraud. The next day, House Democrats signaled they would seek testimony from Trump Organization officials whom Cohen alleged were implicated, including Donald Trump Jr., Ivanka Trump, and CFO Allen Weisselberg.

On March 6, Cummings requested information from the GSA about its reversal of an earlier decision to relocate FBI headquarters, which is located across the street from the Trump Hotel D.C. And on April 12 Cummings wrote to the GSA again, this time requesting all monthly reports from the Trump Hotel D.C., information about any liens on the hotel, a slew of correspondence between the Trump Org and GSA, and legal opinions regarding the Trump Org’s compliance with the lease. Cummings gave an April 26 deadline; staffers for the committee and Cummings have not replied to inquiries asking if GSA replied and to what extent.

The committee also has requested 10 years of Trump’s financial records. On March 11, the committee requested documents on Trump’s businesses from Capital One; the bank “said it was already preserving documents but needs a subpoena in order to comply” per Politico. On April 12, Cummings notified committee members that he plans to subpoena Mazars USA, Trump’s accounting firm, for his financial statements. President Trump, the Trump Organization, and the Trump Hotel D.C. sued Cummings and Mazars USA on April 22 in an attempt to prevent the release of Trump’s financial records. Cummings postponed the subpoenas’ deadline while the courts address the president’s suit. On May 20, U.S. District Judge Amit P. Mehta denied the president’s motion. Trump appealed the next day and two days after that, the D.C. Circuit Court of Appeals’ judges agreed to fast track the case, with oral arguments scheduled for July 12. But without further relief, Mazars could start turning over documents as soon as next week. In a filing on June 10, Trump’s attorneys argued that the committee’s subpoena was invalid because “it is an effort to investigate alleged legal violations—power that is vested in the executive, not Congress.”

Transportation and Infrastructure subcommittee on Economic Development, Public Buildings, and Emergency Management

Transportation committee chair Rep. Peter DeFazio (D–OR) and subcommittee chair Rep. Dina Titus (D–NV) sent a letter to GSA administrator Emily Murphy on Jan. 22 asking for all communication between the GSA and members of the Trump family dating back to 2015, an explanation of how the D.C. hotel calculates its profits, profit statements since the hotel opened, any guidance from the White House regarding the lease, and whether or not Ivanka Trump and Jared Kushner are recused from participating in decisions regarding the property. GSA has “sent a partial response and the subcommittee is reviewing it,” according to a senior House staffer familiar with the situation. When hearings begin, it is likely that Murphy will be the first person called to testify, according to a person familiar with the subcommittee’s plans. Titus is hiring additional staffers to handle the investigation.

On March 6, Titus requested information from the GSA about its reversal of an earlier decision to relocate the FBI headquarters, which is located across the street from the Trump Hotel D.C. NPR reported on March 15 that, “Democrats on the committee want to know, among other things, whether there was any political pressure exerted on the GSA by the Trump White House, presidential campaign or transition team. They also want to know how the Trump Hotel calculates its profits, segregates incoming money from foreign governments, and what the Trump Organization owes the GSA on a monthly or annual basis.’”

Ways and Means

On April 3, chairman Richard Neal (D–MA) requested six years of Trump’s personal tax returns, as well as the returns for eight of his businesses (including that of the trust that holds the president’s ownership stake in the D.C. hotel). After the IRS missed Neal’s deadline and then an extension, Treasury Sec. Steve Mnuchin said he’d make a decision whether or not to release the returns by May 6. He declined to do so. On May 10, the committee subpoenaed Mnuchin and IRS commissioner Charles Rettig, giving them a May 17 deadline to turn over Trump’s tax returns. Mnuchin again declined to comply. Neal suspected he’d know his next move by May 24, but earlier he had indicated he’ll take the issue to the federal courts.

Also, the subcommittee on Oversight held its first hearing on “legislative proposals and tax law related to presidential and vice-presidential tax returns” on Feb. 7. “We will ask the question: Does the public have a need to know that a person seeking the highest office in our country obeys tax law?” said chair Rep. John Lewis (D–GA). Experts in tax law testified.


Legal cases, current status (latest change, May 30, 2019)

D.C. and MD attorneys general’s emoluments lawsuit

District court docket, appellate court docket

Official capacity—On Dec. 20, 2018, the 4th U.S. Circuit Court of Appeals ruled it would hear the president’s appeal of district court rulings that allowed the case to proceed to discovery. The appellate court halted discovery in the case. Discovery had started Dec. 3 and was scheduled to run through Aug. 2, 2019, with the AGs having subpoenaed the Trump Organization, including its Scottish golf courses; the U.S. Departments of Agriculture, Commerce, Defense, and Treasury and the GSA; and the state of Maine. Oral arguments on the appeal occurred on March 19; by all accounts the three-judge panel (all Republican appointees, including one who was a selection of President Trump’s) were skeptical of the AGs’ case. D.C. AG Karl Racine pledged to take the case to the U.S. Supreme Court if necessary.

Individual capacity—On Dec. 14, Trump’s personal attorneys appealed the denial of their motion to dismiss the case, also to the 4th U.S. Circuit Court of Appeals. On Dec. 19, the AGs replied to Trump’s motion for a stay pending that appeal by voluntarily dismissing the claims against Trump in his “individual capacity to allow the claims against President Trump in his official capacity to move forward expeditiously.” (The AGs only brought suit against Trump in his individual capacity after the judge suggested they do so.) Trump’s personal attorneys, on Dec. 21, opposed the motion to dismiss at the district level, saying the appeals court now has jurisdiction and accusing the AGs of “gamesmanship.”

Democratic senators and representatives’ emoluments lawsuit

District court docket

On Sept. 28, Judge Emmet G. Sullivan ruled that the legislators have standing to sue. Trump’s Justice Department attorneys filed an interlocutory appeal on Oct. 22. On Jan. 30, 2019, the plaintiffs’ filed a notice of supplemental authority, notifying the court of the GSA inspector general’s report that criticized GSA for failing to consider if the Trump Hotel D.C.’s lease was in compliance with the Constitution after Trump became president. Two days later, the president’s attorneys argued that the IG’s conclusion was not inconsistent with Trump’s argument, but that the judge should ignore that report anyway because the IG has no expertise in interpreting or applying the foreign emoluments clause. On April 30, Sullivan denied Trump’s motion to dismiss the suit. While the president’s attorneys have a supplemental brief due on May 28, on May 14 they filed a motion to stay the proceedings while they appeal Sullivan’s decision. A week later, the lawmakers opposed that motion. On May 28, the plaintiffs proposed discovery taking place from June 20 through September 27 with them reviewing documents and taking depositions from the Trump Organization and other corporations in which the president has an ownership interest.

CREW et. al’s emoluments lawsuit

District court docket, appellate court docket

In February 2018, CREW appealed its suit being dismissed for lack of standing to the 2nd U.S. Circuit Court of Appeals. Oral arguments on that motion were held Oct. 30.

Cork’s unfair competition lawsuit

District court docket, appellate court docket

Judge Richard J. Leon dismissed the case on Nov. 26, 2018, writing “Cork has failed to state a claim for unfair competition under D.C. law.” On Dec. 10, Cork’s attorneys filed a notice of appeal and on Jan. 10, 2019 they submitted a statement of issues to be raised. Cork filed its first appellant brief on May 15, arguing “the District Court failed to recognize the evolving nature of the common law of unfair competition in the District of Columbia and erroneously treated the prior cases as if they were a series of statutes that Appellant had to satisfy to state a claim. Attorneys for the president and his hotel requested a 31-day extension for filing their brief, with Cork’s consent, which the court granted on May 28. Trump’s brief is now due on July 15.

Employees’ class-action suit alleging racial discrimination

D.C. superior court (direct link not available, search for case 2017 CA 006517 B)

Two of the three plaintiffs did not appear at a status hearing on Jan. 25, 2019; their cases were moved to arbitration. Via email, their attorney, A.J. Dhali, said his clients did not appear at the hearing because their case already had been moved to arbitration last year. The next status hearing is scheduled for Oct. 4.


Health inspections, current status (latest change, June 14, 2019)

Per D.C.’s Department of Health:


Is the Trump Organization selling merchandise that depicts the White House? (latest change, March 21, 2019)

Yes.Thanks for reading. If you like what you saw, tell someone—and support this work by paying for a subscription. If you’ve been forwarded this newsletter, subscribe for yourself at zacheverson.substack.com. Questions? Read our FAQ/manifesto. Tips or feedback? Contact me, Zach Everson, securely via email at 1100Pennsylvania@protonmail.com or on Signal at 202.804.2744.