Trump v. Thompson
Petition for certiorari denied on February 22, 2022
Issue: Whether a records request from the House Select Committee to Investigate the January 6th Attack on the United States Capitol violates the Constitution or laws of the United States, entitling former President Donald Trump to a preliminary injunction prohibiting production of the records to the committee.
SCOTUSblog Coverage
- The Penobscot River and claims against military subcontractors (Andrew Hamm, December 24, 2021)
- Trump asks justices to block the release of documents related to Jan. 6 riot (Amy Howe, December 23, 2021)
| Date | Proceedings and Orders |
|---|---|
| 12/23/2021 | Petition for a writ of certiorari filed. (Response due January 24, 2022) |
| 12/23/2021 | Application (21A272) for a stay of mandate and injunction pending review, submitted to The Chief Justice. |
| 12/23/2021 | Motion for expedited consideration of the petition for a writ of certiorari filed by respondents. |
| 12/29/2021 | Supplemental brief of petitioner Donald J. Trump filed. |
| 12/29/2021 | Motion for leave to file amicus curiae brief filed by Former Executive Branch Lawyers. |
| 12/30/2021 | Brief of Executive Branch Respondents in opposition filed. |
| 12/30/2021 | Response to application from Executive Branch Respondents filed. |
| 12/30/2021 | 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. |
| 12/30/2021 | 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. |
| 01/04/2022 | Motion for leave to file amici brief filed by States United Democracy Center, et al. |
| 01/07/2022 | Brief amicus curiae of Former White House Chief of Staff Mark R. Meadows filed. |
| 01/11/2022 | Brief amicus curiae of Jack Jordan filed. |
| 01/11/2022 | Brief amicus curiae of America First Legal Foundation filed. |
| 01/13/2022 | Reply of applicant Donald J. Trump filed. |
| 01/18/2022 | Brief amici curiae of Government Accountability Project, et al. filed. |
| 01/19/2022 | Application (21A272) referred to the Court. |
| 01/19/2022 | 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) |
| 01/19/2022 | Reply of petitioner Donald J. Trump filed. |
| 01/26/2022 | DISTRIBUTED for Conference of 2/18/2022. |
| 02/22/2022 | Motion for leave to file amici brief filed by States United Democracy Center, et al. GRANTED. |
| 02/22/2022 | Petition DENIED. |