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SCOTUS to Hear Trump Hotel Case on Minority Party’s Ability to Seek Executive Agency Files

© AP Photo / Alex BrandonTrump International Hotel in Washington
Trump International Hotel in Washington - Sputnik International, 1920, 15.05.2023
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In a rare moment of unity, the administration of US President Joe Biden has aligned with that of his predecessor, Donald Trump, to oppose what’s commonly called the “Seven Member Rule.” Now, the Supreme Court has agreed to take up a case involving the rule as related to documents from Trump’s former Washington, DC, hotel.
The high court agreed on Monday to hear a case on a 2017 attempt by seven Democratic lawmakers on the House Oversight Committee to obtain documents related to Trump’s deal to lease the Old Post Office Building in Washington, DC, and open a luxury hotel bearing his name.

At the time, the Democrats were the minority party in both House and Senate, and thus typically shut out of committee decisions to seek documents from other entities.

However, a 1928 law gave that authority to any seven members of the minority party in the House Oversight Committee and any five minority party members in the Senate Homeland Security and Governmental Affairs Committee, becoming known as the “Seven Member Rule” as a result.

However, according to the Biden administration and the Trump administration before it, that’s not really how it works. Biden has similarly refused to cooperate with requests for documents from GOP lawmakers in the minority.
The US Supreme Court is seen on Capitol Hill in Washington, Wednesday, June 30, 2021 - Sputnik International, 1920, 25.04.2023
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In Trump’s time, the government simply refused to cooperate with the requests, even after a federal appeals court ruled 2-1 in 2020 to support use of the “Seven Member Rule.” Biden’s Solicitor General Elizabeth Prelogar has told the high court to stay out of the issue.

In a November 2022 petition opposing the lawmakers’ appeal to the Supreme Court, Prelogar called the appeals court decision “erroneous,” writing that it “conflicts with this Court’s precedents and contradicts historical practice stretching to the beginning of the Republic.

The decision also resolves exceptionally important questions of constitutional law and threatens serious harm to all three branches of the federal government.”

The actual reasons for the Democrats requesting such information are unclear, but seem to be related to a belief that Trump hid a significant amount of debt from the General Services Administration when bidding for the Old Post Office Pavilion lease.
A parallel investigation is based on potential conflicts of interest while Trump was president, since delegations from foreign governments with which his administration was doing business also stayed at the hotel during their visits to Washington, DC.
The Trump Organization, which Trump set up to handle his business affairs while he was president, sold the property for $375 million in May 2022, which has since reopened as a Waldorf-Astoria.
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