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Docket for 21A272
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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)
 
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)
Attorneys
Attorneys for Petitioners
Jesse Ryan Binnall
Counsel of Record
Binnall Law Group, PLLC
717 King Street, Suite 200
Alexandria, VA 22314
jesse@binnall.com
Ph: 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
Ph: 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
Ph: 202-514-2217
Party name: Executive Branch Respondents


Other Attorneys
Brianne Jenna Gorod
Counsel of Record
Constitutional Accountability Center
1200 18th Street, NW
Suite 501
Washington, DC 20036
brianne@theusconstitution.org
Ph: 202 296 6889
Party name: Former Executive Branch Lawyers

 

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