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.

DocketPetition DENIED.

DocketMotion for leave to file amici brief filed by States United Democracy Center, et al. GRANTED.

DocketDISTRIBUTED for Conference of 2/18/2022.

DocketReply of petitioner Donald J. Trump filed., Main Document, Certificate of Word Count, Proof of Service

DocketThe 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 Trumps 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 4046. Because the Court of Appeals concluded that President Trumps claims would have failed even if he were the incumbent, his status as a former President necessarily made no difference to the courts decision. Id., at 33 (noting no need [to] conclusively resolve whether and to what extent a court, at a former Presidents behest, may second guess the sitting Presidents decision to release privileged documents); see also id., at 17 n. 2. Any discussion of the Court of Appeals concerning President Trumps 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)

DocketApplication (21A272) referred to the Court.

DocketBrief amici curiae of Government Accountability Project, et al. filed., Main Document, Certificate of Word Count, Proof of Service

DocketReply of applicant Donald J. Trump filed., Reply, Proof of Service

DocketBrief amicus curiae of America First Legal Foundation filed., Main Document, Certificate of Word Count, Proof of Service

DocketBrief amicus curiae of Jack Jordan filed., Main Document, Certificate of Word Count, Proof of Service

DocketMotion for leave to file amici brief filed by States United Democracy Center, et al., Main Document, Certificate of Word Count, Proof of Service

DocketResponse 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 Document, Proof of Service

DocketBrief 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 Document, Certificate of Word Count, Proof of Service

DocketResponse to application from Executive Branch Respondents filed., Proof of Service, Main Document

DocketBrief of Executive Branch Respondents in opposition filed., Main Document, Proof of Service

DocketMotion for leave to file amicus curiae brief filed by Former Executive Branch Lawyers., Main Document, Proof of Service, Other

DocketSupplemental brief of petitioner Donald J. Trump filed., Main Document, Proof of Service, Certificate of Word Count

DocketMotion for expedited consideration of the petition for a writ of certiorari filed by respondents., Main Document, Proof of Service

DocketApplication (21A272) for a stay of mandate and injunction pending review, submitted to The Chief Justice., Main Document, Proof of Service

DocketPetition for a writ of certiorari filed. (Response due January 24, 2022), Petition, Certificate of Word Count, Proof of Service