President Trump filed a motion Wednesday to dismiss a lawsuit from D.C. restaurant owners who assert Trump has an unfair business advantage because of his presidency.

Trump’s lawyers contest there is no law that prevents Trump, as president, from owning his hotel based in downtown Washington.

“The premise of this lawsuit is that D.C. common law prohibits the President of the United States from owning an interest in a hotel, precisely because he is President of the United States,” according to a document filed Wednesday by Trump's counsel.

ADVERTISEMENT

“And the relief sought in this lawsuit is an order directing the President to rearrange his financial holdings or resign the Presidency. Neither D.C. law nor the Constitution permits this unprecedented assertion of power over the President."

The suit lists three reasons the civil suit will face an upward battle.

His counsel argues that while owners of Cork Wine Bar allege he was within the law until he became president, Trump is immune from personal liability since he took office.

“Supreme Court precedent establishes that the President is immune from claims based on the President’s Office … And in each instance, it seeks to impose personal liability premised on the fact that he is President. The doctrine of absolute immunity forecloses liability in these circumstances,” the document reads.

Trump attorneys also say the Supremacy Clause prevents a district or state from declaring “conduct unlawful because it is performed by the President, for that is a transparent attempt to directly regulate the Presidency and the requirements for holding that Office.”

Thirdly, Trump’s counsel say their complaint does not fall under the District’s unfair competition law, and can therefore be dismissed.

“[T]he Complaint fails to state a claim under D.C. unfair competition law. As a result, the Court may dismiss the Complaint without reaching the two federal constitutional questions discussed above. Under D.C. law, only certain enumerated acts can constitute unfair competition. The Complaint fails to allege any such conduct,” it continues.

Trump's lawyers at Morgan Lewis & Bockius LLP conclude the letter by saying the “Complaint should be dismissed with prejudice.”