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Donald J. Trump, et al. v. Deutsche Bank AG, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 19-1540 · judgment December 3, 2019


Decided · July 9, 2020
Pre-decision estimate: 9% cert probability (95% interval 5%–15%)

Before the decision, about 2.3× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a Second Circuit decision below, and counsel who has filed here before, and down for a business respondent.

Question presented

Whether three committees of the House of Representatives had the constitutional and statutory authority to issue subpoenas to third-party custodians for the personal records of the sitting President of the United States. 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.

Counsel of record

For petitioner
Patrick Strawbridge
Consovoy McCarthy PLLC

For respondent
Douglas Neal Letter
Office of General Counsel

Case

Conference history

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 (20A16) referred to the Court.
  3. Jul 20 2020
    Application (20A16) 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.
  5. Jul 14 2020
    Response to application (20A16) requested by The Chief Justice, due Thursday, July 16, by 4 p.m.
  6. Jul 13 2020
    Application (20A16) of Committees of U.S. House of Representatives for an order to issue the judgment forthwith, submitted to The Chief Justice.
  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 Representaqtives, Washington, D. C. VIDED.
  9. Apr 15 2020
    RESCHEDULED FOR ARGUMENT on Tuesday, May 12, 2020. VIDED.
  10. Apr 13 2020
    Argument to be rescheduled for May 2020. VIDED.
  11. Mar 16 2020
    ORAL ARGUMENT POSTPONED. VIDED.
  12. Feb 20 2020
    Sealed documents sent from the U.S.C.A. 2nd Circuit are electronically filed.
  13. Feb 19 2020
    CIRCULATED
  14. Feb 19 2020
    Record requested from the U.S.C.A. 2nd Circuit.
  15. Feb 19 2020
    The record received from the U.S.C.A. 2nd Circuit has been electronically filed.
  16. Jan 31 2020
    SET FOR ARGUMENT on Tuesday, March 31, 2020. VIDED
  17. Dec 13 2019
    Application (19A640) referred to the Court.
  18. Dec 13 2019
    Application (19A640) granted by the Court.
  19. Dec 13 2019
    Petition for a writ of certiorari filed.
  20. Dec 13 2019
    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 petition for a writ of certiorari in No. 19-715 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.
  21. Dec 13 2019
    Petition GRANTED. The petition for a writ of certiorari in No. 19-715 is 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.
  22. 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).
  23. Dec 12 2019
    Reply of applicants Trump, Donald J., et al. filed.
  24. Dec 11 2019
    Response to application from respondents Committee on Financial Services of the U.S. House of Representatives, et al. filed.
  25. Dec 06 2019
    Application (19A640) to recall and stay mandate pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Ginsburg.
  26. Dec 06 2019
    UPON CONSIDERATION of the application of counsel for the applicants, IT IS ORDERED that the mandate of the United States Court of Appeals for the Second Circuit, case No. 19-1540, issued December 3, 2019, is hereby recalled and stayed until 5 p.m. on December 13, 2019. It is further ordered that a response be filed on or before December 11, 2019, by 11 a.m.