You're wrong. A lawsuit against Trump for being in violation of the emoluments clause is already underway and given a green light by a federal judge to proceed.
https://ctmirror.org/2018/09/28/judge-says-blumenthal-dems-standing-lawsuit-trump/
Washington — A federal judge on Friday gave the go-ahead to a lawsuit led by Sen. Richard Blumenthal and joined by dozens of congressional Democrats who claim President Donald Trump has violated the U.S. Constitution by failing to seek and obtain the consent of Congress before accepting benefits from foreign states.
Blumenthal v. Trump is based on the Constitution’s emoluments clause, which bars presidents from taking payments from foreign states.
It says Trump violated the clause because his businesses, including his hotel in downtown Washington D.C., has hosted foreign embassy events and visiting foreign officials.
Blumenthal said he is “extremely gratified” by the court’s decision.
“No president is above the law,” he said.
Blumenthal says the president is violating the emoluments clause by his ownership of Trump Tower, which has foreign states among its tenants, and by the Chinese government’s granting of 40 trademarks to the Trump Organization.
The lawsuit gives several examples of former presidents who obeyed the rules of the clause, including Martin Van Buren, who in 1840 was offered two horses, a case of rose oil, five bottles of rose water, a package of cashmere shawls, a Persian rug, a box of pearls, and a sword by the Imam of Muscat.
