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Docket for 21A272

	Search documents in this case:
No. 21A272
Title:	Donald J. Trump, former President of the United States, Applicant 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.
Docketed:	December 23, 2021
Linked with 21-932
Lower Ct:	United States Court of Appeals for the District of Columbia Circuit
Case Numbers:	(21-5254)
Decision Date:
Rehearing Denied:
Discretionary Court Decision Date:

Date	Proceedings and Orders
Dec 23 2021	Application (21A272) for a stay of mandate and injunction pending review, submitted to The Chief Justice.
	Main Document Proof of Service
Dec 29 2021	Motion for leave to file amicus curiae brief filed by Former Executive Branch Lawyers.
	Main Document Proof of Service Other
Dec 30 2021	Response to application from Executive Branch Respondents filed.
	Proof of Service Main Document
Dec 30 2021	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.
	Main Document Proof of Service
Jan 13 2022	Reply of applicant Donald J. Trump filed.
	Reply Proof of Service
Jan 19 2022	Application (21A272) referred to the Court.

Jan 19 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 and to what extent a court,” at a former President’s behest, may “second guess the sitting President’s” decision to release privileged documents); see also id., at 17 n. 2. Any discussion of the Court of Appeals concerning President Trump’s status as a former President must therefore be regarded as nonbinding dicta. Justice Thomas would grant the application. Statement of Justice Kavanaugh respecting denial of application. (Detached opinion)

NAME	ADDRESS	PHONE
Attorneys for Petitioner
Jesse Ryan Binnall Counsel of Record	Binnall Law Group, PLLC 717 King Street, Suite 200 Alexandria, VA 22314 jesse@binnall.com	703-888-1943
Party name: Donald J. Trump
Attorneys for Respondents
Douglas Neal Letter Counsel of Record	Office of General Counsel U.S. House of Representatives 5140 O’Neill House Office Building Washington, DC 20515 douglas.letter@mail.house.gov	202-225-9700
Party name: Bennie G. Thompson and the House of Representatives Select Committee to Investigate the January 6th Attack on the United States Capitol
Elizabeth B. Prelogar Counsel of Record	Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov	202-514-2217
Party name: Executive Branch Respondents
Other
Brianne Jenna Gorod Counsel of Record	Constitutional Accountability Center 1200 18th Street, NW Suite 501 Washington, DC 20036 brianne@theusconstitution.org	202 296 6889
Party name: Former Executive Branch Lawyers