No. 21-932
Title:Donald J. Trump, former President of the United States, Petitioner
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 21A272
Lower Ct:United States Court of Appeals for the District of Columbia Circuit
   Case Numbers:(21-5254)
   Decision Date:December 9, 2021
   Rehearing Denied:
  Discretionary Court Decision Date:

DateProceedings and Orders
Dec 23 2021Petition for a writ of certiorari filed. (Response due January 24, 2022)
PetitionCertificate of Word CountProof of Service
Dec 23 2021Application (21A272) for a stay of mandate and injunction pending review, submitted to The Chief Justice.
Main DocumentProof of Service
Dec 23 2021Motion for expedited consideration of the petition for a writ of certiorari filed by respondents.
Main DocumentProof of Service
Dec 29 2021Supplemental brief of petitioner Donald J. Trump filed.
Main DocumentProof of ServiceCertificate of Word Count
Dec 29 2021Motion for leave to file amicus curiae brief filed by Former Executive Branch Lawyers.
Main DocumentProof of ServiceOther
Dec 30 2021Brief of Executive Branch Respondents in opposition filed.
Main DocumentProof of Service
Dec 30 2021Response to application from Executive Branch Respondents filed.
Proof of ServiceMain Document
Dec 30 2021Brief 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.
Main DocumentCertificate of Word CountProof of Service
Dec 30 2021Response 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 DocumentProof of Service
Jan 04 2022Motion for leave to file amici brief filed by States United Democracy Center, et al.
Main DocumentCertificate of Word CountProof of Service
Jan 07 2022Brief amicus curiae of Former White House Chief of Staff Mark R. Meadows filed.
Main DocumentCertificate of Word CountProof of Service
Jan 11 2022Brief amicus curiae of Jack Jordan filed.
Main DocumentCertificate of Word CountProof of Service
Jan 11 2022Brief amicus curiae of America First Legal Foundation filed.
Main DocumentCertificate of Word CountProof of Service
Jan 13 2022Reply of applicant Donald J. Trump filed.
ReplyProof of Service
Jan 18 2022Brief amici curiae of Government Accountability Project, et al. filed.
Main DocumentCertificate of Word CountProof of Service
Jan 19 2022Application (21A272) referred to the Court.
Jan 19 2022The 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)
Jan 19 2022Reply of petitioner Donald J. Trump filed.
Main DocumentCertificate of Word CountProof of Service
Jan 26 2022DISTRIBUTED for Conference of 2/18/2022.
Feb 22 2022Motion for leave to file amici brief filed by States United Democracy Center, et al. GRANTED.
Feb 22 2022Petition DENIED.

NAMEADDRESSPHONE
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
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
Norman L. Eisen
    Counsel of Record
States United Democracy Center
1420 K Street, NW
Washington, DC 20005

norman.eisen@gmail.com
(202) 656-8178
Party name: States United Democracy Center and Former Federal, State, and Local Officials
Jack Revels Tucker Jordan
    Counsel of Record
Jack Jordan
3102 Howell Street
North Kansas City, MO 64116

jack.jordan@emobilawyer.com
816-746-1955
Party name: Jack Jordan
Kelly Brian McClanahan
    Counsel of Record
National Security Counselors
4702 Levada Terrace
Rockville, MD 20853

kel@nationalsecuritylaw.org
3017285908
Party name: Government Accountability Project, Government Information Watch, National Security Counselors, Louis Fisher, Heidi Kitrosser, Mark J. Rozell, Jonathan Shaub, and Mitchel A. Sollenberger
Reed Darrow Rubinstein
    Counsel of Record
America First Legal Foundation
600 14th Street N.W.
Fifth Floor
Washington, DC 20005

reed.rubinstein@aflegal.org
202-288-0277
Party name: America First Legal Foundation
George J. Terwilliger III
    Counsel of Record
McGuireWoods LLP
888 16th Street N.W.
Washington, DC 20006

gterwilliger@mcguirewoods.com
(202) 857-2473
Party name: Former White House Chief of Staff Mark R. Meadows