Denied

No. 21-932

Donald J. Trump, former President of the United States v. Bennie G. Thompson, in His Official Capacity as Chairman of the United States House Select Committee to Investigate the January 6th Attack on the United States Capitol, et al.

from the United States Court of Appeals for the District of Columbia Circuit

See other cases from the District of Columbia Circuit.

Docket Entries

Motion for leave to file amici brief filed by States United Democracy Center, et al. GRANTED.

Petition DENIED.

DISTRIBUTED for Conference of 2/18/2022.

The application for stay of mandate and injunction pending review presented to The Chief Justice and by him referred to the Court is denied. The questions whether and in what circumstances a former President may obtain a court order preventing disclosure of privileged records from his tenure in office, in the face of a determination by the incumbent President to waive the privilege, are unprecedented and raise serious and substantial concerns. The Court of Appeals, however, had no occasion to decide these questions because it analyzed and rejected President Trump’s privilege claims “under any of the tests [he] advocated,” Trump v. Thompson, 20 F. 4th 10, 33 (CADC 2021), without regard to his status as a former President, id., at 40–46. Because the Court of Appeals concluded that President Trump’s claims would have failed even if he were the incumbent, his status as a former President necessarily made no difference to the court’s decision. Id., at 33 (noting no “need [to] conclusively resolve whether an...

Application (21A272) referred to the Court.

Reply of petitioner Donald J. Trump filed.

Brief amici curiae of Government Accountability Project, et al. filed.

Reply of applicant Donald J. Trump filed.

Brief amicus curiae of America First Legal Foundation filed.

Brief amicus curiae of Jack Jordan filed.

Brief amicus curiae of Former White House Chief of Staff Mark R. Meadows filed.

Motion for leave to file amici brief filed by States United Democracy Center, et al.

Brief of Executive Branch Respondents in opposition filed.

Response to application from Executive Branch Respondents filed.

Response to application from respondents Bennie G. Thompson and the House of Representatives Select Committee to Investigate the January 6th Attack on the United States Capitol filed.

Brief of respondents Bennie G. Thompson and the House of Representatives Select Committee to Investigate the January 6th Attack on the United States Capitol in opposition filed.

Motion for leave to file amicus curiae brief filed by Former Executive Branch Lawyers.

Supplemental brief of petitioner Donald J. Trump filed.

Petition for a writ of certiorari filed. (Response due January 24, 2022)

Motion for expedited consideration of the petition for a writ of certiorari filed by respondents.

Application (21A272) for a stay of mandate and injunction pending review, submitted to The Chief Justice.

Parties

Donald J. Trump, Petitioner, represented by Jesse Ryan Binnall

Bennie G. Thompson and the House of Representatives Select Committee to Investigate the January 6th Attack on the United States Capitol, Respondent, represented by Douglas Neal Letter

Executive Branch Respondents, Respondent, represented by Elizabeth B. Prelogar

Amici Curiae

America First Legal Foundation, Amicus Curiae, represented by Reed Darrow Rubinstein

Former White House Chief of Staff Mark R. Meadows, Amicus Curiae, represented by George J. Terwilliger III

Government Accountability Project, Government Information Watch, National Security Counselors, Louis Fisher, Heidi Kitrosser, Mark J. Rozell, Jonathan Shaub, and Mitchel A. Sollenberger, Amicus Curiae, represented by Kelly Brian McClanahan

Jack Jordan, Amicus Curiae, represented by Jack Revels Tucker Jordan

States United Democracy Center and Former Federal, State, and Local Officials, Amicus Curiae, represented by Norman L. Eisen

 
Last updated: June 30, 2022