Avlon
CNN
Avlon
Now playing
03:01
Avlon: Despite what Trump says, it's all about the money
capitol officer
CNN
capitol officer
Now playing
03:40
'I felt like they were trying to kill me': Police officers to testify during hearing
Church of Glad Tidings
Now playing
01:16
Reporter calls out Flynn's comment after being given an AR-15
Now playing
03:13
'Pure nonsense': Deconstructing common myths about the vaccine
US President Joe Biden waves as he participates in a CNN Town Hall hosted by Don Lemon at Mount St. Joseph University in Cincinnati, Ohio, July 21, 2021. (Photo by SAUL LOEB / AFP) (Photo by SAUL LOEB/AFP via Getty Images)
SAUL LOEB/AFP/AFP via Getty Images
US President Joe Biden waves as he participates in a CNN Town Hall hosted by Don Lemon at Mount St. Joseph University in Cincinnati, Ohio, July 21, 2021. (Photo by SAUL LOEB / AFP) (Photo by SAUL LOEB/AFP via Getty Images)
Now playing
02:17
See what Biden said about today's infrastructure vote
CNN/Getty Images
Now playing
02:50
Carl Bernstein: Trump is our own American war criminal
CNN
Now playing
02:19
Tapper presses Republican on GOP resistance to January 6 probe
Now playing
01:35
Republican governor balks at Covid-19 mandates as state's cases soar
Dr. Fauci NIH research China Tapper sotu vpx _00023404.png
CNN
Dr. Fauci NIH research China Tapper sotu vpx _00023404.png
Now playing
03:13
Dr. Fauci weighs in on if US should collaborate with Wuhan labs in future
Pool
Now playing
02:06
WaPo: This is what Trump's PAC is spending its money on
CNN
Now playing
02:04
AZ lawmaker says audit 'not about Trump.' Her emails show otherwise
Getty Images
Now playing
01:55
'Almost giddy': Author describes Trump during Capitol riot
Florida Gov. Ron DeSantis, center, speaks during a news conference at West Miami Middle School in Miami on Tuesday, May 4, 2021.
Matias J. Ocner/Miami Herald/AP
Florida Gov. Ron DeSantis, center, speaks during a news conference at West Miami Middle School in Miami on Tuesday, May 4, 2021.
Now playing
02:20
Florida Gov. Ron DeSantis blames this for surge in cases
CNN
Now playing
03:31
'I got elected to shake things up': Lightfoot on time as mayor
US Speaker of the House, Nancy Pelosi, Democrat of California, speaks at her weekly press briefing on Capitol Hill in Washington, DC, on July 22, 2021. (Photo by Brendan SMIALOWSKI / AFP) (Photo by BRENDAN SMIALOWSKI/AFP via Getty Images)
BRENDAN SMIALOWSKI/AFP/AFP via Getty Images
US Speaker of the House, Nancy Pelosi, Democrat of California, speaks at her weekly press briefing on Capitol Hill in Washington, DC, on July 22, 2021. (Photo by Brendan SMIALOWSKI / AFP) (Photo by BRENDAN SMIALOWSKI/AFP via Getty Images)
Now playing
01:21
Pelosi explains why she rejected GOP lawmakers from January 6 committee
WASHINGTON, DC - JULY 20: U.S. President Donald Trump talks to reporters with Vice President Mike Pence in the Oval Office at the White House July 20, 2020 in Washington, DC. Trump hosted Republican Congressional leaders and members of his cabinet to talk about a proposed new round of financial stimulus to help the economy during the ongoing global coronavirus pandemic.  (Photo by Doug Mills-Pool/Getty Images)
Pool/Getty Images North America/Getty Images
WASHINGTON, DC - JULY 20: U.S. President Donald Trump talks to reporters with Vice President Mike Pence in the Oval Office at the White House July 20, 2020 in Washington, DC. Trump hosted Republican Congressional leaders and members of his cabinet to talk about a proposed new round of financial stimulus to help the economy during the ongoing global coronavirus pandemic. (Photo by Doug Mills-Pool/Getty Images)
Now playing
06:43
Trump shares disappointment with Pence in new audio recording
Washington CNN —  

A federal appeals court on Tuesday revived a major threat that President Donald Trump has faced in court since the early days of his presidency – the question of whether he can be sued over his business portfolio, which could give his opponents access to his private business records.

The cases related to emoluments have been paused before subpoenas of the Trump Organization were due, and a three-judge panel had dismissed a lawsuit from the District of Columbia and Maryland state attorneys general over unfair competition with the Trump International Hotel.

On Tuesday, the full 4th US Circuit Court of Appeals voted to rehear the case, with potentially 15 judges or more, on December 12 in Richmond, Virginia.

The District of Columbia and Maryland had previously claimed the Trump International Hotel in Washington harmed hotels and other businesses the states partially own. Trump’s win in July killed the lawsuit before the states’ attorneys general offices could gather financial information from the Trump Organization and Trump himself.

Trump had applauded his legal victory on Twitter, writing, “I won a big part of the Deep State and Democrat induced Witch Hunt.” He noted the appeals court’s 3-0 decision was unanimous. When the case was argued before those three appellate judges, they were notably sympathetic to Trump. But the Circuit’s full panel may not be more evenly split politically. They will examine whether the previous courts reasoned correctly.

It’s uncommon for a rehearing such as this in any appeals courts, though the emoluments issue is a highly unusual case, in that the legal issues involved have almost never been interpreted by the courts.

“A majority of judges in regular active service and not disqualified having voted in a requested poll of the court to grant the petition for rehearing en banc. It is ordered that rehearing en banc is granted,” the court wrote Tuesday.

DC Attorney General Karl Racine and Maryland’s Attorney General Brian Frosh called the lawsuit’s revival “significant” on Tuesday.

“We look forward to arguing our case before the full panel to stop President Trump from violating the Constitution and profiting from the presidency,” the pair said in a statement.

Two other cases testing Trump’s compliance with the Emoluments Clause of the Constitution, in New York and in Washington, DC, are still slowly moving through the courts.