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NEW YORK — A federal appeals court in Manhattan is reviving a lawsuit alleging President Trump is improperly profiting off his presidency by convincing foreign and domestic officials to spend money at his hotels and restaurants.

The suit claim Trump is violating the Constitution’s emoluments clause.

The emoluments clause bars government officials, including the president, from receiving financial benefits–known as emoluments– from foreign or domestic governments without the approval of Congress.

Friday’s ruling by the 2nd U.S. 2nd Circuit Court of Appeals sends the case back to a lower court.

A federal court in Washington, D.C. previously threw out the lawsuit.

Trump has argued that there’s nothing improper about his properties making money while he is in the White House. He broke precedent by refusing to relinquish control of his business empire when he became president.

The Department of Justice, which is representing Trump in this case, could ask the court to reconsider the ruling or could appeal to the U.S. Supreme Court.

(Photo by Drew Angerer/Getty.)