Supreme Court of the United States · Official docket →
Donald J. Trump, former President of the United States 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.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 21-5254 · judgment December 9, 2021
Before the decision, about 10.5× the 4.1% base rate. The model weighted this up for a federal-government petitioner, a petition filed soon after the judgment below, and a D.C. Circuit decision below.
Question presented
The United States House of Representatives’ Select Committee to Investigate the January 6th Attack on the United States Capitol issued a “sweeping” request, seeking many of President Trump’s confidential presidential records. The request implicates important constitutional and statutory concerns arising from the Presidential Records Act, separation of powers, and executive privilege. Nevertheless, the Biden Administration now seeks to produce those records to the Committee, and will do so, absent court intervention. The question presented is: Whether the Committee’s records request violates the Constitution or laws of the United States entitling President Trump to a preliminary injunction prohibiting production of the records to the Committee.
Counsel of record
For petitioner
Jesse Ryan Binnall
Binnall Law Group, PLLC
For respondent
Douglas Neal Letter
Office of General Counsel
Argument & decision
Decided January 19, 2022.
Proceedings
- Feb 22 2022Motion for leave to file amici brief filed by States United Democracy Center, et al. GRANTED.
- Feb 22 2022Petition DENIED.
- Jan 26 2022DISTRIBUTED for Conference of 2/18/2022.
- 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.
- Jan 18 2022Brief amici curiae of Government Accountability Project, et al. filed.
- Jan 13 2022Reply of applicant Donald J. Trump filed.
- Jan 11 2022Brief amicus curiae of Jack Jordan filed.
- Jan 11 2022Brief amicus curiae of America First Legal Foundation filed.
- Jan 07 2022Brief amicus curiae of Former White House Chief of Staff Mark R. Meadows filed.
- Jan 04 2022Motion for leave to file amici brief filed by States United Democracy Center, et al.
- Dec 30 2021Brief of Executive Branch Respondents in opposition filed.
- Dec 30 2021Response to application from Executive Branch Respondents filed.
- 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.
- 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.
- Dec 29 2021Supplemental brief of petitioner Donald J. Trump filed.
- Dec 29 2021Motion for leave to file amicus curiae brief filed by Former Executive Branch Lawyers.
- Dec 23 2021Petition for a writ of certiorari filed. (Response due January 24, 2022)
- Dec 23 2021Application (21A272) for a stay of mandate and injunction pending review, submitted to The Chief Justice.
- Dec 23 2021Motion for expedited consideration of the petition for a writ of certiorari filed by respondents.