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Donald J. Trump, et al. v. Mazars USA, LLP, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 19-5142 · judgment October 11, 2019

Decided · July 9, 2020
Pre-decision estimate: 11% cert probability (95% interval 7%–18%)

Before the decision, about 2.7× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a D.C. Circuit decision below, and a dissent in the court below (flagged in the petition), and down for a business respondent.

Question presented

Consolidated with 19-760. The Committee on Oversight and Reform of the U.S. House of Representatives has issued a subpoena to the accountant for President Trump and several of his business entities. The subpoena demands private financial records belonging to the President. The D.C. Circuit upheld the subpoena as having a legitimate legislative purpose and being within the statutory authority of the Committee. The question presented is: Whether the Committee has the constitutional and statutory authority to issue this subpoena.

Counsel of record

For petitioner
William Spencer Consovoy
Consovoy McCarthy PLLC

For respondent
Jerry D. Bernstein
Blank Rome LLP

Case

Conference history
—

Amicus briefs
21 merits
(6 supporting pet./neither, 15 respondent)

Argument & decision

Argued May 12, 2020 — Patrick Strawbridge · Douglas N. Letter. Audio and transcript

Decided July 9, 2020. Opinion by Roberts, C.J..

Proceedings

  1. Aug 10 2020
    JUDGMENT ISSUED.
  2. Jul 20 2020
    Application (20A15) referred to the Court.
  3. Jul 20 2020
    Application (20A15) denied by the Court. Justice Sotomayor would grant the application.
  4. Jul 16 2020
    Response to application from respondent Donald J. Trump, et al. filed.
    Main DocumentProof of Service
  5. Jul 14 2020
    Response to application (20A15) requested by The Chief Justice, due Thursday, July 16, by 4 p.m.
  6. Jul 13 2020
    Application (20A15) of Committees of U.S. House of Representatives for an order to issue the judgment forthwith, submitted to The Chief Justice.
    Main DocumentProof of Service
  7. Jul 09 2020
    Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Ginsburg, Breyer, Sotomayor, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J., and Alito, J., filed dissenting opinions. VIDED.
  8. May 12 2020
    Argued. For petitioners: Patrick Strawbridge, Boston, Mass.; and Jeffrey B. Wall, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For Committees of the U.S. House of Representatives respondents: Douglas N. Letter, General Counsel, United States House of Representatives, Washington, D. C. VIDED.
  9. May 08 2020
    Supplemental letter brief of petitioners Donald J. Trump, et al. filed. VIDED. (Distributed)
  10. May 08 2020
    Supplemental letter brief of respondents Committees of the U.S. House of Representatives filed. VIDED. (Distributed)
  11. May 08 2020
    Supplemental letter brief of the United States filed. VIDED. (Distributed)
  12. Apr 27 2020
    The parties and the Solicitor General are directed to file supplemental letter briefs addressing whether the political question doctrine or related justiciability principles bear on the Court's adjudication of these cases. The briefs, not to exceed 15 pages, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Friday, May 8, 2020. VIDED.
  13. Apr 15 2020
    RESCHEDULED FOR ARGUMENT on Tuesday, May 12, 2020. VIDED.
  14. Apr 13 2020
    Argument to be rescheduled for May 2020. VIDED.
  15. Mar 27 2020
    Reply of petitioners Donald J. Trump, et al. filed. VIDED. (Distributed)
  16. Mar 23 2020
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. VIDED.
  17. Mar 16 2020
    ORAL ARGUMENT POSTPONED. VIDED.
  18. Mar 04 2020
    Brief amicus curiae of Constitutional Accountability Center filed. VIDED. (Distributed)
  19. Mar 04 2020
    Brief amici curiae of Former Federal Ethics Officials filed. VIDED. (Distributed)
  20. Mar 04 2020
    Brief amici curiae of Former National Security Officials filed. VIDED. (Distributed)
  21. Mar 04 2020
    Brief amici curiae of Former Senior Department of Justice Officials filed. VIDED. (Distributed)
  22. Mar 04 2020
    Brief amici curiae of American Civil Liberties Union and ACLU of the District of Columbia filed. VIDED. (Distributed)
  23. Mar 04 2020
    Brief amici curiae of Congressional Scholars filed. VIDED. (Distributed)
  24. Mar 04 2020
    Brief amici curiae of Bipartisan Former Members of Congress filed. VIDED. (Distributed)
  25. Mar 04 2020
    Brief amici curiae of Former House General Counsels and Former Congressional Staff filed. VIDED. (Distributed)
  26. Mar 04 2020
    Brief amici curiae of The Lugar Center and the Levin Center at Wayne Law filed. VIDED. (Distributed)
  27. Mar 04 2020
    Brief amici curiae of Seperation-of-Powers Law Professors filed. VIDED. (Distributed)
  28. Mar 04 2020
    Brief amici curiae of The Niskanen Center, Republican Women for Progress, Bill Weld, et al. filed. VIDED. (Distributed)
  29. Mar 04 2020
    Brief amici curiae of Center for Media and Democracy and Citizens for Responsibility and Ethics in Washington filed. VIDED. (Distributed)
  30. Mar 04 2020
    Brief amici curiae of Financial Investigation and Money Laundering Experts filed (in 19-760). (Distributed)
  31. Mar 04 2020
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
  32. Mar 03 2020
    Brief amicus curiae of Public Citizen filed. VIDED. (Distributed)
  33. Mar 03 2020
    Brief amici curiae of Boston University Law Professors Sean J. Kealy and James J. Wheaton filed. VIDED. (Distributed)
  34. Mar 02 2020
    Letter of respondent Capital One Financial Corporation notifying the Clerk that it does not intend to participate in these cases filed (in 19-760) filed.
  35. Feb 26 2020
    Brief of respondents Committees of the U.S. House of Representatives filed. (Distributed). VIDED.
  36. Feb 21 2020
    The record of the USCA District of Columbia Circuit is available on PACER.
  37. Feb 19 2020
    CIRCULATED
  38. Feb 19 2020
    Record requested from the U.S.C.A. District of Columbia Circuit.
  39. Feb 05 2020
    Letter of respondent Mazars USA LLP notifying the Clerk that it does not intend to participate in these cases filed. VIDED. (Also in 19-635)
  40. Feb 04 2020
    Application (19A862) to file a consolidated respondents' brief on the merits in excess of the word limit is granted by The Chief Justice provided that the brief does not exceed 17,000 words. VIDED.
  41. Feb 03 2020
    Brief amicus curiae of United States filed. VIDED.
  42. Feb 03 2020
    Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed. VIDED. (Also in 19-635)
  43. Feb 03 2020
    Brief amicus curiae of Christian Family Coalition (CFC) Florida, Inc. filed. VIDED. (Also in 19-635)
  44. Feb 03 2020
    Amicus brief of Professor Victor Williams not accepted for filing. (February 12, 2020 - Corrected brief to be submitted.)
  45. Feb 03 2020
    Brief amicus curiae of Professor Victor Williams filed. VIDED.
  46. Jan 31 2020
    SET FOR ARGUMENT on Tuesday, March 31, 2020. VIDED.
  47. Jan 31 2020
    Brief amicus curiae of W. Burlette Carter filed. VIDED.
  48. Jan 29 2020
    Application (19A862) to file a consolidated respondents' brief on the merits in excess of the word limit, submitted to The Chief Justice. VIDED
  49. Jan 29 2020
    Brief amicus curiae of Foundation for Moral Law filed. VIDED.
  50. Jan 27 2020
    Joint appendix filed. VIDED.
  51. Jan 27 2020
    Brief of petitioners Donald J. Trump, et al. filed. VIDED.
  52. Jan 24 2020
    Blanket Consent filed by Respondent, Committee on Oversight and Reform of the U.S. House of Representatives. VIDED.
  53. Jan 15 2020
    Blanket Consent filed by Respondent, Deutsche Bank AG.(in 19-760)
  54. Jan 15 2020
    Letter of respondent Deutsche Bank AG notifying the Clerk that it does not intend to participate in these cases filed (in 19-760).
  55. Jan 13 2020
    Application (19A773) to file a consolidated petitioners' brief on the merits in excess of the word limit, and a consolidated reply brief on the merits in excess of the word limit is granted by The Chief Justice provided that petitioners' brief does not exceed 17,000 words and the reply brief does not exceed 8,000 words. VIDED.
  56. Jan 08 2020
    Blanket Consent filed by Petitioner, Donald J. Trump, et al. VIDED.
  57. Jan 07 2020
    Application (19A773) to file a consolidated petitioners' brief on the merits in excess of the word limit, and a consolidated reply brief on the merits in excess of the word limit, submitted to The Chief Justice. VIDED.
  58. Dec 13 2019
    Petition GRANTED. The application (19A640) for stay presented to Justice Ginsburg and by her referred to the Court is granted, and it is ordered that the mandate of the United States Court of Appeals for the Second Circuit, case No. 19-1540, is hereby stayed pending further order of the Court. In addition, the application is treated as a petition for a writ of certiorari, and the petition is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. The cases will be set for argument in the March 2020 argument session. VIDED.
  59. Dec 13 2019
    Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-715. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-715. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.” (December 16, 2019).
  60. Dec 12 2019
    Reply of petitioners Donald J. Trump, et al. filed.
  61. Dec 11 2019
    Brief of respondent Committee on Oversight and Reform of the U.S. House of Representatives in opposition filed.
  62. Dec 04 2019
    Petition for a writ of certiorari filed. (Response due January 6, 2020)
  63. Nov 25 2019
    Application (19A545) referred to the Court.
  64. Nov 25 2019
    Application (19A545) granted by the Court. 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. 19-5142, is stayed pending the filing and disposition of a petition for a writ of certiorari, if such petition is filed on or before December 5, 2019, by noon. 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 December 5, 2019, by noon, the stay shall terminate.
  65. Nov 22 2019
    Reply of applicant Donald Trump, et al. filed.
    ReplyProof of Service
  66. Nov 21 2019
    Response to application from respondent Committee on Oversight and Reform of the U.S. House of Representatives filed.
    Main DocumentProof of Service
  67. Nov 18 2019
    Letter of respondent Committee on Oversight and Reform of the U.S. House of Representatives received.
    Main Document
  68. Nov 18 2019
    UPON CONSIDERATION of the application of counsel for the applicants and the November 18, 2019 letter received from counsel for respondent the Committee on Oversight and Reform of the U.S. House of Representatives, IT IS ORDERED that the mandate of the United States Court of Appeals for the District of Columbia Circuit, case No. 19-5142, is hereby stayed pending receipt of a response, due on or before Thursday, November 21, 2019, by 3 p.m. ET, and further order of the undersigned or of the Court.
  69. Nov 15 2019
    Application (19A545) for a stay of mandate pending the filing and disposition of a petition for a writ of certiorari, submitted to The Chief Justice.
    Main DocumentProof of Service