| No. 21-932 | |
| Title: | Donald J. Trump, former President of the United States, Petitioner 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 21A272 | |
| Lower Ct: | United States Court of Appeals for the District of Columbia Circuit |
| Case Numbers: | (21-5254) |
| Decision Date: | December 9, 2021 |
| Date | Proceedings and Orders |
| Dec 23 2021 | Petition for a writ of certiorari filed. (Response due January 24, 2022) |
| PetitionCertificate of Word CountProof of Service | |
| Dec 23 2021 | Application (21A272) for a stay of mandate and injunction pending review, submitted to The Chief Justice. |
| Main DocumentProof of Service | |
| Dec 23 2021 | Motion for expedited consideration of the petition for a writ of certiorari filed by respondents. |
| Main DocumentProof of Service | |
| Dec 29 2021 | Supplemental brief of petitioner Donald J. Trump filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Dec 29 2021 | Motion for leave to file amicus curiae brief filed by Former Executive Branch Lawyers. |
| Main DocumentProof of ServiceOther | |
| Dec 30 2021 | Brief of Executive Branch Respondents in opposition filed. |
| Main DocumentProof of Service | |
| Dec 30 2021 | Response to application from Executive Branch Respondents filed. |
| Proof of ServiceMain Document | |
| Dec 30 2021 | Brief 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. |
| Main DocumentCertificate of Word CountProof of Service | |
| 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 DocumentProof of Service | |
| Jan 04 2022 | Motion for leave to file amici brief filed by States United Democracy Center, et al. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 07 2022 | Brief amicus curiae of Former White House Chief of Staff Mark R. Meadows filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 11 2022 | Brief amicus curiae of Jack Jordan filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 11 2022 | Brief amicus curiae of America First Legal Foundation filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 13 2022 | Reply of applicant Donald J. Trump filed. |
| ReplyProof of Service | |
| Jan 18 2022 | Brief amici curiae of Government Accountability Project, et al. filed. |
| Main DocumentCertificate of Word CountProof 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) |
| Jan 19 2022 | Reply of petitioner Donald J. Trump filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 26 2022 | DISTRIBUTED for Conference of 2/18/2022. |
| Feb 22 2022 | Motion for leave to file amici brief filed by States United Democracy Center, et al. GRANTED. |
| Feb 22 2022 | Petition DENIED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Jesse Ryan Binnall Counsel of Record | Binnall Law Group, PLLC 717 King Street, Suite 200 Alexandria, VA 22314 jesse@binnall.com | 703-888-1943 |
| Party name: Donald J. Trump | ||
| Attorneys for Respondents | ||
| Douglas Neal Letter Counsel of Record | Office of General Counsel 5140 O'Neill House Office Building Washington, DC 20515 douglas.letter@mail.house.gov | 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 | 202-514-2217 |
| Party name: Executive Branch Respondents | ||
| Other | ||
| Norman L. Eisen Counsel of Record | States United Democracy Center 1420 K Street, NW Washington, DC 20005 norman.eisen@gmail.com | (202) 656-8178 |
| Party name: States United Democracy Center and Former Federal, State, and Local Officials | ||
| Jack Revels Tucker Jordan Counsel of Record | Jack Jordan 3102 Howell Street North Kansas City, MO 64116 jack.jordan@emobilawyer.com | 816-746-1955 |
| Party name: Jack Jordan | ||
| Kelly Brian McClanahan Counsel of Record | National Security Counselors 4702 Levada Terrace Rockville, MD 20853 kel@nationalsecuritylaw.org | 3017285908 |
| Party name: Government Accountability Project, Government Information Watch, National Security Counselors, Louis Fisher, Heidi Kitrosser, Mark J. Rozell, Jonathan Shaub, and Mitchel A. Sollenberger | ||
| Reed Darrow Rubinstein Counsel of Record | America First Legal Foundation 600 14th Street N.W. Fifth Floor Washington, DC 20005 reed.rubinstein@aflegal.org | 202-288-0277 |
| Party name: America First Legal Foundation | ||
| George J. Terwilliger III Counsel of Record | McGuireWoods LLP 888 16th Street N.W. Washington, DC 20006 gterwilliger@mcguirewoods.com | (202) 857-2473 |
| Party name: Former White House Chief of Staff Mark R. Meadows | ||