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Department of Justice v. House Committee on the Judiciary

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 19-5288 · judgment March 10, 2020

Set for argument · December 2, 2020
Pre-decision estimate: 31% cert probability (95% interval 21%–44%)

Before the decision, about 7.5× the 4.1% base rate. The model weighted this up for a federal-government petitioner, a D.C. Circuit decision below, and a dissent in the court below (flagged in the petition).

Question presented

Whether an impeachment trial before a legislative body is a “judicial proceeding” under Rule 6(e)(3)(E)(i) of the Federal Rules of Criminal Procedure. The motion of respondent to remove the case from the December 2020 argument calendar is granted.

Counsel of record

For petitioner
Edwin Smiley Kneedler
U.S. Department of Justice

For respondent
Douglas Neal Letter
Office of General Counsel

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 merits
(1 respondent)

Proceedings

  1. Aug 03 2021
    JUDGMENT ISSUED.
  2. Jul 02 2021
    The motion to vacate the judgment is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the District of Columbia Circuit with instructions to direct the District Court to vacate the October 25, 2019 order granting the application of the Committee on the Judiciary, U. S. House of Representatives. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950).
  3. Jun 15 2021
    Response to motion from respondent House Committee on the Judiciary filed.
  4. Jun 14 2021
    Suggestion of mootness and motion to vacate the judgment of the court of appeals filed by petitioner.
  5. Nov 20 2020
    Motion to remove the case from the December 2020 argument calendar GRANTED.
  6. Nov 19 2020
    Response to motion to remove the case from the December 2020 argument calendar from petitioner Department of Justice filed. (Distributed)
  7. Nov 17 2020
    Motion to remove the case from the December 2020 argument calendar filed by respondent House Committee on the Judiciary. (Distributed)
  8. Nov 13 2020
    Reply of petitioner Department of Justice filed. (Distributed)
  9. Oct 27 2020
    CIRCULATED
  10. Oct 21 2020
    Brief amicus curiae of Constitutional Accountability Center filed.
  11. Oct 19 2020
    Record received from the U.S.C.A. D.C. Circuit is electronic and located on PACER, some of the record has been electronically filed.
  12. Oct 14 2020
    Brief of respondent House Committee on the Judiciary filed.
  13. Oct 08 2020
    Record requested from the U.S.C.A. District of Columbia Circuit.
  14. Oct 05 2020
    Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
  15. Sep 16 2020
    SET FOR ARGUMENT on Wednesday, December 2, 2020.
  16. Aug 31 2020
    Brief of petitioner Department of Justice filed.
  17. Aug 31 2020
    Motion to dispense with printing the joint appendix filed by petitioner.
  18. Aug 10 2020
    Joint motion to extend the time to file the joint appendix and petitioner's brief on the merits is extended to and including August 31, 2020. The time to file respondent's brief on the merits is extended to and including October 14, 2020.
  19. Aug 03 2020
    Joint motion for an extension of time to file the briefs on the merits filed.
  20. Jul 02 2020
    Petition GRANTED.
  21. Jun 29 2020
    DISTRIBUTED for Conference of 7/1/2020.
  22. Jun 22 2020
    DISTRIBUTED for Conference of 6/25/2020.
  23. Jun 18 2020
    Reply of petitioner Department of Justice filed.
  24. Jun 15 2020
    Brief of respondent House Committee on the Judiciary in opposition filed.
  25. Jun 01 2020
    Petition for a writ of certiorari filed. (Response due July 1, 2020)
  26. May 20 2020
    Application (19A1035) granted. The application for stay of the mandate presented to The Chief Justice and by him referred to the Court is granted. The issuance of the mandate of the United States Court of Appeals for the District of Columbia Circuit, case No. 19-5288, is stayed pending the filing and disposition of a petition for a writ of certiorari, if such petition is filed on or before June 1, 2020, by 5 p.m. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the issuance of the judgment of this Court. If no petition for a writ of certiorari is filed on or before June 1, 2020, by 5 p.m., the stay shall terminate.
  27. May 19 2020
    Reply of applicant Department of Justice filed.
    Proof of ServiceReply
  28. May 18 2020
    Response to application from respondent House Committee on the Judiciary filed.
    Main DocumentProof of Service
  29. May 08 2020
    UPON CONSIDERATION of the application of counsel for the applicant, IT IS ORDERED that the mandate of the United States Court of Appeals for the District of Columbia Circuit, case No. 19-5288, is hereby stayed pending receipt of a response, due on or before Monday, May 18, 2020, by 3 p.m. ET, and further order of The Chief Justice or of the Court.
  30. May 07 2020
    Application (19A1035) for a stay pending the filing and disposition of a petition for a writ of certiorari, submitted to The Chief Justice.
    Proof of ServiceMain DocumentLower Court Orders/Opinions