NEXT STEPS AND UPCOMING DATES:
[A] CREW v. Trump (2d Cir) (panel, and en banc):
[A] CREW v. Trump (2d Cir) (panel, and en banc):
September 13, 2019 was date of panel decision.
DOJ seeks reconsideration en banc (Oct. 28, 2019)--some 45 days after panel decision.
Dec. 2, 2019 is 5 weeks since DOJ sought reconsideration.
Dec. 9, 2019 will be 6 weeks since DOJ sought reconsideration.
En Banc court has yet to grant DOJ's motion for en banc review (and proceed to schedule merits briefing), deny the motion, or order plaintiffs to respond to it.
[B] Blumenthal v. Trump (D.C. Cir.):
Dec. 2, 2019 is 5 weeks since DOJ sought reconsideration.
Dec. 9, 2019 will be 6 weeks since DOJ sought reconsideration.
En Banc court has yet to grant DOJ's motion for en banc review (and proceed to schedule merits briefing), deny the motion, or order plaintiffs to respond to it.
[B] Blumenthal v. Trump (D.C. Cir.):
Oral argument: Monday, December 9, 2019,
[C] DC & MD v. Trump (4th Cir.) (en banc): Petition for en banc review granted on October 15, 2019 in both individual capacity action (18-2488) and official capacity action (18-2486).
[C] DC & MD v. Trump (4th Cir.) (en banc): Petition for en banc review granted on October 15, 2019 in both individual capacity action (18-2488) and official capacity action (18-2486).
En banc oral argument on merits of appeal from panel decision: Thursday, December 12, 2019, 9:00 AM.
Discovery Orders in Place and Discovery Due:
Discovery Orders in Place and Discovery Due:
No discovery orders are in place; and, no discovery is
due.
Other websites: Emoluments Clause Litigation, Gupta Wessler, P.L.L.C. (last visited Mar. 26, 2018), http://guptawessler.com/emoluments/; Rule of Law: Blumenthal, et al. v. Trump, Holding President Trump Accountable for His Violations of the Foreign Emoluments Clause, Constitutional Accountability Ctr. (last visited Mar. 26, 2018), https://www.theusconstitution.org/litigation/trump-and-foreign-emoluments-clause/.
Docket
with links to CREW v. Trump,
Civ. A. No. 1:17-cv-00458-GBD (S.D.N.Y.) (Daniels, J.)
Docket
with links to CREW v. Trump,
No. 18-474 (2d Cir.) (Walker, C.J.
(senior), Leval (senior), Droney (senior as of July 4, 2019), JJ.)
<https://www.courtlistener.com/docket/7298187/citizens-for-responsibility-an-v-trump/>;
and <www.ca2.uscourts.gov/decisions.html>;
Docket
with links to Blumenthal v. Trump,
Civ. A. No. 1:17-cv-01154-EGS (D.D.C.) (Sullivan, J.)
Docket
with links to Blumenthal v. Trump
(D.C. Cir.)
<https://www.courtlistener.com/docket/17980/in-re-donald-trump/>;
<https://www.courtlistener.com/docket/20960/in-re-donald-trump/>;
<https://www.courtlistener.com/docket/20992/richard-blumenthal-v-donald-trump/>;
<https://www.courtlistener.com/docket/20960/in-re-donald-trump/>;
<https://www.courtlistener.com/docket/20992/richard-blumenthal-v-donald-trump/>;
Docket
with links to DC & MD v. Trump,
Civ. A. No. 8:17-cv-01596-PJM (D. Md.) (Messitte (senior), J.)
Docket
with links to In re Trump,
No. 18-2486 (4th Cir.) (Niemeyer, Quattlebaum,
and Shedd (senior), JJ.) (official capacity action)
Docket
with links to DC & MD v. Trump,
No. 18-2488 (4th Cir.) (Niemeyer, Quattlebaum,
and Shedd (senior), JJ.) (individual capacity action)
<http://www.ca4.uscourts.gov/opinions/search-opinions>.
Pre-litigation sources:
For
Supreme Court filings, see
<https://www.supremecourt.gov/docket/docket.aspx>.
Pre-litigation sources:
Sheri
Dillon et al., Morgan, Lewis & Bockius (“MLB”) LLP White Paper, Conflicts
of Interest and the President (Jan. 11, 2017), https://assets.documentcloud.org/documents/3280261/MLB-White-Paper-1-10-Pm.pdf
[https://perma.cc/B8BU-X4U3].
CREW v.
Trump (SDNY and 2d Circuit):
Second
Amended Complaint, CREW v. Trump,
Civ. A. No. 1:17-cv-00458-RA (S.D.N.Y. May 10, 2017) (Abrams, J.), ECF No. 28,
2017 WL 2734681, http://guptawessler.com/wp-content/uploads/2012/05/Second-Amended-Complaint.pdf
(CREW v. Trump was
subsequently transferred from Judge Abrams (RA) to Judge Daniels (GBD)), amending
Complaint, CREW v. Trump, Civ. A. No. 1:17-cv-00458-RA (S.D.N.Y. Jan.
23, 2017) (Abrams, J.), ECF No. 1, 2017 WL 277603.
CREW v. Trump, DOJ’s Memorandum of Law in Support of Motion to
Dismiss (Second Amended Complaint), 2017 WL 3421202, http://guptawessler.com/wp-content/uploads/2012/05/2017-06-09-35-MTD-Mem.pdf.
CREW v. Trump, Plaintiffs’ Opposition Brief, 2017 WL 3444116, http://guptawessler.com/wp-content/uploads/2012/05/EmolumentsBrief.pdf.
CREW v. Trump, DOJ’s Reply Brief, ECF No. 94, 2017 WL 7803918, https://assets.documentcloud.org/documents/4059636/document-19885574.pdf.
Legal
Historians Brief—Amicus filing in Support of Plaintiffs: 2017 WL 5483629, 2017
U.S. Dist. Ct. Motions LEXIS 406, http://guptawessler.com/wp-content/uploads/2017/08/LegalHistorians.pdf.
Brief of
Ethics Officers—Amicus filing in Support of Plaintiffs: ECF No. 71-1, 2017 WL 7795993, http://guptawessler.com/wp-content/uploads/2017/08/GovtEthicsOfficials.pdf.
Brief of
Scholars of Admin Law, Con Law, and Federal Jurisdiction—Amicus filing in Support
of Plaintiffs: ECF No. 64-1, 2017 WL 7795996, http://guptawessler.com/wp-content/uploads/2017/08/Scholars.pdf.
Brief of
Senator Blumenthal—Amicus filing in Support of Plaintiffs: ECF No. 63-1, 2017 WL 7795992, http://guptawessler.com/wp-content/uploads/2017/08/MembersofCongress.pdf.
Chayes
Brief—Amicus filing in Support of Plaintiffs: ECF No. 62-1, 2017 WL 7795995, http://guptawessler.com/wp-content/uploads/2017/08/Chayes.pdf.
Tillman—Amicus
filing in Support of Defendant: 2017 WL 2692500, 2017 U.S. Dist. Ct. Briefs
LEXIS 402, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2985843.
Tillman
& JEP Response to Legal Historians, 2017 WL 4685886, 2017 U.S. Dist. Ct.
Briefs LEXIS 408, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3002345.
Letter
from Kate Mollan, Center for Legislative Archives, National Archives and
Records Administration, to Seth Barrett Tillman (June 7, 2017) (Exhibit B), in
Amicus Curiae Scholar Seth Barrett Tillman’s and Proposed Amicus Curiae Judicial
Education Project’s Response to Amici Curiae by Certain Legal
Historians, CREW v. Trump, Civ.
A. No. 1:17-cv-00458-GBD (S.D.N.Y. Sept. 19, 2017) (Daniels, J.), ECF No. 85-3,
http://bit.ly/2h1BgcT.
Letter
from Kate Mollan, Center for Legislative Archives, National Archives and
Records Administration, to Seth Barrett Tillman (Aug. 17, 2017) (Exhibit C), in
Amicus Curiae Scholar Seth Barrett Tillman’s and Proposed Amicus Curiae Judicial
Education Project’s Response to Amici Curiae by Certain Legal
Historians, CREW v. Trump, Civ.
A. No. 1:17-cv-00458-GBD (S.D.N.Y. Sept. 19, 2017) (Daniels, J.), ECF No. 85-4,
http://bit.ly/2x1Nzf1.
Declaration
of Seth Barrett Tillman (Exhibit D), in Amicus Curiae Scholar Seth
Barrett Tillman’s and Proposed Amicus Curiae Judicial Education
Project’s Response to Amici Curiae by Certain Legal Historians, CREW v. Trump, Civ. A. No.
1:17-cv-00458-GBD (S.D.N.Y. Sept. 19, 2017) (Daniels, J.), ECF No. 85-5, 2017
WL 7795997, https://www.scribd.com/document/358948043/D-Tillman-Declaration,
https://ssrn.com/abstract=3037107.
Declaration
of Michael E. Newton (Exhibit E), in Amicus Curiae Scholar Seth Barrett
Tillman’s and Proposed Amicus Curiae Judicial Education Project’s
Response to Amici Curiae by Certain Legal Historians, CREW v. Trump, Civ. A. No.
1:17-cv-00458-GBD (S.D.N.Y. Sept. 19, 2017) (Daniels, J.), ECF No. 85-6, 2017
WL 7964201, https://www.scribd.com/document/358816892/E-Newton-Declaration.
Supplemental
Declaration of Michael E. Newton (Exhibit F), in Amicus Curiae Scholar
Seth Barrett Tillman’s and Proposed Amicus Curiae Judicial Education
Project’s Response to Amici Curiae by Certain Legal Historians, CREW v. Trump, Civ. A. No.
1:17-cv-00458-GBD (S.D.N.Y. Sept. 19, 2017) (Daniels, J.), ECF No. 85-7, 2017
WL 7964223, https://www.scribd.com/document/358817691/F-Newton-Supplemental-Declaration.
Declaration
of John P. Kaminski (Exhibit G), in Amicus Curiae Scholar Seth Barrett
Tillman’s and Proposed Amicus Curiae Judicial Education Project’s
Response to Amici Curiae by Certain Legal Historians, CREW v. Trump, Civ. A. No.
1:17-cv-00458-GBD (S.D.N.Y. Sept. 19, 2017) (Daniels, J.), ECF No. 85-8, 2017
WL 7964226, https://www.scribd.com/document/358986557/G-Kaminski-Declaration.
Declaration
of Professor Kenneth R. Bowling, Ph.D.(Exhibit H), in Amicus Curiae Scholar
Seth Barrett Tillman’s and Proposed Amicus Curiae Judicial Education
Project’s Response to Amici Curiae by Certain Legal Historians, CREW v. Trump, Civ. A. No.
1:17-cv-00458-GBD (S.D.N.Y. Sept. 19, 2017) (Daniels, J.), ECF No. 85-9, 2017
WL 7964211, https://www.scribd.com/document/358816894/H-Bowling-Declaration.
Declaration
of Professor Stephen F. Knott (Exhibit I), in Amicus Curiae Scholar Seth
Barrett Tillman’s and Proposed Amicus Curiae Judicial Education
Project’s Response to Amici Curiae by Certain Legal Historians, CREW v. Trump, Civ. A. No.
1:17-cv-00458-GBD (S.D.N.Y. Sept. 19, 2017) (Daniels, J.), ECF No. 85-10, 2017
WL 7964225, https://www.scribd.com/document/358816904/I-Knott-Declaration.
Declaration
of Professor Robert W.T. Martin (Exhibit J), in Amicus Curiae Scholar
Seth Barrett Tillman’s and Proposed Amicus Curiae Judicial Education
Project’s Response to Amici Curiae by Certain Legal Historians, CREW v. Trump, Civ. A. No.
1:17-cv-00458-GBD (S.D.N.Y. Sept. 19, 2017) (Daniels, J.), ECF No. 85-11, 2017
WL 7964229, https://www.scribd.com/document/358816895/J-Martin-Declaration.
Exhibit
K: The Complete Report—Transmittal Letter, ECF No. 85-12, http://bit.ly/2xkY1Pc.
Exhibit
L: The Complete Report—Cover Letter, ECF No. 85-13, http://bit.ly/2fj6IQ0.
Exhibit
M: The Complete Report—Annexes I, II, and IV-XVIII, ECF Nos. 85-14 to
85-22, http://bit.ly/2eV95bn.
Exhibit
N: The Complete Report—Annex III, ECF No. 85-23, http://bit.ly/2h1kdre.
Exhibit
O: The Complete Report—Annex XIX, ECF No. 85-24, https://www.scribd.com/document/358817052/O-Complete-Report-Annex-19.
Exhibit
P: The Condensed Report, ECF Nos. 85-25 to 85-28, http://bit.ly/2xknN6j.
Exhibit Q:
Papers of Alexander Hamilton—Reproduction of The Complete Report’s Cover
Letter, ECF No. 85-29, http://bit.ly/2vU9QZ8.
Exhibit
R: American State Papers—Reproduction of The Condensed Report,
ECF No. 85-30, http://bit.ly/2h41iZr.
Letter
from Counsel for the Legal Historians to Judge George B. Daniels, CREW v. Trump, Civ. A. No.
1:17-cv-00458-GBD (S.D.N.Y. Oct. 3, 2017), ECF No. 96, https://tinyurl.com/ybd783uf.
John
Mikhail, Our correction and apology to Professor Tillman, Balkinization
(Oct. 3, 2017, 8:30 PM), https://balkin.blogspot.ie/2017/10/our-correction-and-apology-to-professor.html.
Jed
Shugerman, An Apology to Tillman and Blackman, Take Care (Sept. 22,
2017), https://takecareblog.com/blog/an-apology-to-tillman-and-blackman.
Oral
argument on the DOJ’s motion to dismiss held on October 18, 2017.
Letter
from Department of Justice Counsel to Judge Daniels at 1, CREW v. Trump, Civ. A. No.
1:17-cv-00458-GBD (S.D.N.Y. Oct. 25, 2017) (Daniels, J.), ECF No. 98 (“[T]he
government has not conceded that the President is subject to the Foreign
Emoluments Clause.”)
OPINION: CREW
v. Trump, Civ. A. No. 1:17-cv-00458-GBD, 2017 WL 6524851, 2017 U.S. Dist.
LEXIS 210326, 276 F. Supp. 3d 174, 179 n.1 (S.D.N.Y. Dec. 21, 2017) (Daniels,
J.), notice of appeal filed on Feb. 16, 2018 (“Because Plaintiffs’
claims are dismissed under Rule 12(b)(1), this Court does not reach the issue
of whether Plaintiffs’ allegations state a cause of action under either the
Domestic or Foreign Emoluments Clauses, pursuant to Rule 12(b)(6).”), <http://www.nysd.uscourts.gov/cases/show.php?db=special&id=595>.
CREW v. Trump, No. 18-474 (2d Cir. filed Feb. 16, 2018). Eg: Notice
of Appeal filed by Plaintiffs/Appellants (filed Feb. 16, 2018).
Appellants’ (Plaintiffs’) Brief, 2018 WL 1965685, 2018 U.S. 2nd Cir. Briefs LEXIS
1, filed April 24, 2018. See fn.2:
counsel indicated that plaintiff-appellant CREW has dropped out of the
case.
Brief of Members of Congress as Amici Curiae in Support of
Plaintiffs-Appellants and Reversal, CREW
v. Trump, No. 18-474 (2d Cir. May 1, 2018), ECF No. 48-2, 2018 WL 2045609, 2018 U.S. 2nd Cir. Briefs LEXIS 8, https://takecareblog.com/blog/an-emoluments-case-arrives-in-the-second-circuit.
Brief of
the Niskanen Center, Republican Women for Progress, Cheri Jacobus, and Evan
McMullin CREW v. Trump as Amici
Curiae in Support of Plaintiffs-Appellants, , No. 18-474 (2d Cir. May 1,
2018), ECF No. 49, 2018 WL 2096350, 2018
U.S. 2nd Cir. Briefs LEXIS 7, https://takecareblog.com/blog/an-emoluments-case-arrives-in-the-second-circuit.
Brief of Amici
Curiae Legal Historians in Support of Appellants, CREW v. Trump, No. 18-474 (2d Cir. May 1, 2018), ECF No. 49, 2018 WL 2045608, 2018 U.S. 2nd Cir. Briefs
LEXIS 2, https://takecareblog.com/blog/an-emoluments-case-arrives-in-the-second-circuit.
Brief of
Former National Security Officials as Amici Curiae in Support of
Plaintiffs-Appellants, CREW v. Trump,
No. 18-474 (2d Cir. May 1, 2018), ECF No. 46, 2018 WL 2045607, 2018 U.S. 2nd Cir. Briefs LEXIS 3, https://takecareblog.com/blog/an-emoluments-case-arrives-in-the-second-circuit.
Brief of
Separation of Powers Scholars as Amici Curiae in Support of
Plaintiffs-Appellants and in Support of Reversal, CREW v. Trump, No. 18-474 (2d Cir. May 1, 2018), ECF No. 44,
2018 WL 2045605, 2018 U.S. 2nd Cir. Briefs
LEXIS 5, https://takecareblog.com/blog/an-emoluments-case-arrives-in-the-second-circuit.
Amicus
Brief of Former Government Ethics Officials Supporting Appellants and Reversal,
CREW v. Trump, No. 18-474 (2d
Cir. May 1, 2018), ECF No. 41, 2018 WL 2045606, 2018
U.S. 2nd Cir. Briefs LEXIS 6, https://takecareblog.com/blog/an-emoluments-case-arrives-in-the-second-circuit.
Brief for
Amici Curiae Scholars of Administrative Law, Constitutional Law and
Federal Jurisdiction in Support of Appellants and Urging Reversal, CREW v. Trump, No. 18-474 (2d Cir.
May 1, 2018), ECF No. 40, 2018 WL 2045604, 2018
U.S. 2nd Cir. Briefs LEXIS 4, https://takecareblog.com/blog/an-emoluments-case-arrives-in-the-second-circuit.
Brief for Appellee President Donald J. Trump, CREW v. Donald J. Trump, in his official capacity as President of the
United States of America, No. 18-474 (2d Cir. May 29, 2018), ECF No.
128, 2018 WL 2426623, 2018 U.S.
2nd Cir. Briefs LEXIS 9.
Brief of Amici
Curiae Scholar Seth Barrett Tillman and the Judicial Education Project in
Support of Defendant-Appellee, Citizens
for Responsibility and Ethics in Washington v. Donald J. Trump, in his official
capacity as President of the United States of America, No. 18-0474-cv
(2d Cir. June 5, 2018), ECF No. 135, Trans. ID# 2318453, 2018 WL 2722468, 2018
U.S. 2nd Cir. Briefs LEXIS 10, https://ssrn.com/abstract=3183012.
Reply
Brief of Plaintiffs-Appellants, Citizens
for Responsibility and Ethics in Washington v. Donald J. Trump, in his official
capacity as President of the United States of America, No. 18-474 (2d
Cir. June 27, 2018), ECF No. 155, 2018 WL 3219449, 2018 U.S. 2nd Cir. Briefs
LEXIS 11, http://guptawessler.com/emoluments/.
Letter
from Appellants to the Clerk of the Circuit Court (Oct. 23, 2018), ECF No. 172,
stating that plaintiff-appellant Jill Phaneuf has dropped out of the case. (The
Appellants'-Plaintiffs’ opening brief, filed April 24, 2018, see above, had
already stated that CREW dropped out of the case.) The only remaining
Appellants-Plaintiffs are: Goode and ROC.
Oral argument: scheduled for October 30, 2018, at 10:00 AM. Composition
of panel: (Walker,
C.J. (NY) (senior), Leval (NY) (senior), Droney (CT) (senior as of July 4,
2019), JJ.). See http://ww2.ca2.uscourts.gov/calendar/index.php?eID=1706.
mp3: (http://www.ca2.uscourts.gov/decisions).
DOJ’s Rule 28(j) Letter of July 15, 2019 informing 2d Cir of 4th Circuit
decision in In re Trump (DC & MD v. Trump) (4th Cir. July 10, 2019),
ECF No. 187.
OPINION: CREW v. Trump, App. No.
18-474, 2019 WL 4383205, 2019 U.S. App. LEXIS 27634, 939 F.3d 131 (2d Cir. Sept. 13, 2019) (2-to-1 panel
decision, vacating district court decision, and remanding) (Walker, J., dissenting), Doc. No. 190-1, <https://assets.documentcloud.org/documents/6405431/9-13-19-CREW-2nd-Circuit.pdf>, <https://tinyurl.com/y5ff27oy>.
Petition for Rehearing En Banc, CREW v. Trump, App. No. 18-474 (2d Cir. Oct. 28, 2019), ECF No. 204, 2019 WL 5559095, <>.
Order (forth. 2019-2020) (granting or denying petition to hold en banc review, and to order plaintiffs to respond to DOJ's petition).
Petition for Rehearing En Banc, CREW v. Trump, App. No. 18-474 (2d Cir. Oct. 28, 2019), ECF No. 204, 2019 WL 5559095, <>.
Order (forth. 2019-2020) (granting or denying petition to hold en banc review, and to order plaintiffs to respond to DOJ's petition).
Petition
for Writ of Certiorari filed by non-prevailing party before Second Circuit
(forth. 2020).
Opposition
to Petition for Writ (forth. 2020).
Reply in
support of Petition for Writ (forth. 2020).
ORDER:
Supreme Court in regard to petition seeking a writ of certiorari, [file] No. ___,
__ U.S. ____ (forth. 2020).
Merits brief on petition filed by non-prevailing party before Second Circuit (forth. 2020).
Merits brief on petition filed by non-prevailing party before Second Circuit (forth. 2020).
Opposition brief on petition (forth. 2020).
Reply brief in support of petition (forth. 2020).
Oral
argument before Supreme Court (forth. 2020).
OPINION:
Supreme Court on the merits, [file] No. ___, __ U.S. ____ (forth. 2020).
Blumenthal
v. Trump (DDC and DC Circuit):
Second
Amended Complain, Blumenthal v. Trump, Civ. A. No. 1:17-cv-01154-EGS (D.D.C.
June 20, 2019) (Sullivan, J.), ECF No. 80-2, 2019 WL 2603190, 2019 U.S. Dist.
Ct. Pleadings LEXIS __, <https://www.theusconstitution.org/wp-content/uploads/2019/06/Second-Amended-Complaint.pdf>,
amending First Amended Complaint, Blumenthal v. Trump, Civ. A. No.
1:17-cv-01154-EGS (D.D.C. Aug. 15, 2017) (Sullivan, J.), ECF No. 14, 2017 WL
7355132, 2017 U.S. Dist. Ct. Pleadings LEXIS 82, https://www.theusconstitution.org/wp-content/uploads/2018/01/Blumenthal_v_Trump_DDC_Amended_Complaint_Final.pdf,
amending Complaint, Blumenthal v. Trump, Civ. A. No. 1:17-cv-01154-EGS
(D.D.C. June 14, 2017) (Sullivan, J.), ECF No. 1, 2017 WL 2561946.
Answer to
First Amended Complaint, Blumenthal v. Trump, Civ. A. No. 1:17-cv-01154-EGS
(D.D.C. May 28, 2019) (Sullivan, J.), ECF No. 76, 2019 WL 2019 WL 2290743.
Blumenthal
v. Trump, DOJ’s Memorandum of Law in Support of Motion to Dismiss (First
Amended Complaint), 2017 WL 6034903, https://www.theusconstitution.org/wp-content/uploads/2018/01/FEC_Motion_to_Dismiss-1-1.pdf.
Blumenthal
v. Trump, Plaintiffs’ Opposition Brief, 2017 WL 5485653, https://www.theusconstitution.org/wp-content/uploads/2018/01/Blumenthal_v_Trump_DDC_Response_to_Motion_to_Dismiss_FINAL-2.pdf.
Blumenthal
v. Trump, DOJ’s Reply Brief (Nov. 21, 2017), 2017 WL 7542566.
Legal
Historians Brief—Amicus filing in Support of Plaintiffs: 2017 WL 5513219, http://test-constitutional-accountability-center.pantheonsite.io/wp-content/uploads/2018/01/Blumenthal_v_Trump_DDC_Legal_Historians_Brief_As_Filed.pdf.
Brief of
Former National Security Officials—Amicus filing in Support of Plaintiffs: 2017
WL 5513217, http://test-constitutional-accountability-center.pantheonsite.io/wp-content/uploads/2018/01/Blumenthal_v_Trump_DDC_Former_National_Security_Experts_Brief_As_Filed.pdf.
Brief of
Separation of Powers Scholars—Amicus filing in Support of Plaintiffs: 2017 WL
5513218, 2017 U.S. Dist. Ct. Briefs LEXIS 42, http://test-constitutional-accountability-center.pantheonsite.io/wp-content/uploads/2018/01/Blumenthal_v_Trump_DDC_Separation_of_Powers_Scholars_Brief_As_Filed.pdf.
originally filed Nov. 2, 2017; Refiled March 6, 2018; see 2018 WL 5668941.
Brief of
Former Govt Ethics Officers—Amicus filing in Support of Plaintiffs: 2017 WL
5513220, http://test-constitutional-accountability-center.pantheonsite.io/wp-content/uploads/2018/01/Blumenthal_v_Trump_DDC_Former_Gov_Ethics_Officials_Brief_As_Filed.pdf.
Brief of
Federal Jurisdiction and Con Law Scholars—Amicus filing in Support of
Plaintiffs: 2017 WL 5513221, http://test-constitutional-accountability-center.pantheonsite.io/wp-content/uploads/2018/01/Blumenthal_v_Trump_DDC_Fed_Jurisdiction_Con_Law_Scholars_Brief_As_Filed.pdf.
Brief on
Behalf of Former Members of Congress, ECF No. 18, 2017 WL 7964199, http://test-constitutional-accountability-center.pantheonsite.io/wp-content/uploads/2018/01/Blumenthal_v_Trump_DDC_Former_MOC_Brief_As_Filed.pdf.
Tillman
and JEP—Amicus filing in Support of Defendant, 2017 WL 4230605, 2017 U.S. Dist.
Ct. Briefs LEXIS 30, ECF No. 16-1, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2996384.
Plaintiffs’
notice of supplemental authority, ECF No. 47 (filing DC & MD v. Trump decision
as supplemental authority).
Motion
for Clarification by Amici Curiae Scholar Seth Barrett Tillman and the
Judicial Education Project, Senator
Richard Blumenthal v. Donald J. Trump, in his official capacity as President of
the USA, No. 17 Civ. 1154-EGS (D.D.C. April 13, 2018) (Sullivan, J.)
(filed by Josh Blackman et al.), ECF No. 48, <https://ssrn.com/abstract=3376164>
Defendant’s
Supplemental Brief in Support of his Motion to Dismiss and in Response to the
Briefs of Amici Curiae at 21, Senator Richard Blumenthal v. Donald J.
Trump, in his official capacity as President of the United States of America,
Civ. A. No. 1:17-cv-01154-EGS (D.D.C. Apr. 30, 2018) (Sullivan, J.), ECF No.
51, 2018 WL 2042235, 2018 U.S. Dist. Ct. Motions LEXIS 25 (“For purposes of his
motion to dismiss, the President has assumed that he is subject to the Foreign
Emoluments Clause on the assumption that he holds an ‘Office of Profit or Trust’
within the meaning of the Clause.”).
Plaintiffs’
Supplemental Memorandum, Senator Richard Blumenthal v. Donald J. Trump, in his
official capacity as President of the United States of America, Civ. A. No.
1:17-cv-01154-EGS (D.D.C. Apr. 30, 2018) (Sullivan, J.), ECF No. 50, 2018 WL
2042238, 2018 U.S. Dist. Ct. Motions LEXIS 24.
Motion
for Leave of Amici Curiae Scholar Seth Barrett Tillman and the Judicial
Education Project to be Heard at Oral Argument, Senator Richard Blumenthal v.
Donald J. Trump, in his official capacity as President of the United States of
America, Civ. A. No. 1:17-cv-01154-EGS (D.D.C. May 21, 2018) (Sullivan, J.)
(filed by Josh Blackman et al.), ECF No. 52, 2018 WL 2321735, 2018 U.S. Dist.
Ct. Motions LEXIS 46, https://ssrn.com/abstract=3177824.
Oral
argument on DOJ’s motion to dismiss:
June 7,
2018, 10 AM.
Defendant’s
Notice of Supplemental Authority, Blumenthal v. Trump, ECF No. 56 (filing Cummings
v. Murphy, No. 17-cv-2308 (APM) (D.D.C. Aug. 14, 2018)).
OPINION: Blumenthal
v. Trump, Civ. A. No. 17-cv-1154-EGS, 2018 WL 4681001, 2018 U.S. Dist. LEXIS 167411, 335 F. Supp. 3d
45 (D.D.C. Sept. 28, 2018) (Sullivan, J.) (issues related to standing only),
ECF No. 59, <https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2017cv1154-59>.
Plaintiffs’
Notice of Supplemental Authority, Blumenthal v. Trump, Case 1:17-cv-01154-EGS
(Jan. 30, 2019), ECF No. 63 (discussing OIG Report), <https://www.courtlistener.com/recap/gov.uscourts.dcd.187220/gov.uscourts.dcd.187220.63.0_1.pdf>.
Defendant’s
Notice of Supplemental Authority, Blumenthal v. Trump, Case 1:17-cv-01154-EGS
(Feb. 1, 2019), ECF No. 64 (discussing OIG Report), <https://www.courtlistener.com/recap/gov.uscourts.dcd.187220/gov.uscourts.dcd.187220.64.0_2.pdf>.
OPINION: Blumenthal
v. Trump, Civ. A. No. 17-cv-1154-EGS, 2019 WL 1923398, 2019 U.S. Dist. LEXIS 72431, 373 F. Supp. 3d 191, *8 n.3 (D.D.C. Apr. 30,
2019) (Sullivan, J.), ECF No. 67 (citing Tillman’s September 19, 2017 amicus
brief), <https://www.courthousenews.com/wp-content/uploads/2019/04/EmolumentsDCmtd-ORDER.pdf>,
<https://www.courtlistener.com/docket/6073688/blumenthal-v-trump/>;
id. at *3 n.2 (thanking amici).
Defendant’s
Motion for Certification of the Court’s September 28, 2018 Order Pursuant to 28
U.S.C. § 1292(b), Blumenthal v. Trump, Civ.
A. No. 17-cv-1154-EGS (D.D.C. Oct. 22, 2018)
(Sullivan, J.) (filed by DOJ), ECF No. 60, 2018 WL 5668943, 2018 U.S. Dist. Ct. Motions LEXIS 62.
Plaintiffs’
Opposition to Defendant’s Motion for Certification of the Court’s September 28,
2018 Order Pursuant to 28 U.S.C. § 1292(B),
Blumenthal v. Trump, Civ. A. No. 17-cv-1154-EGS (D.D.C. Nov. 2, 2018) (Sullivan, J.), ECF No. 61, 2018 WL
5801879, 2018 U.S. Dist. Ct. Motions LEXIS 103.
Defendant’s
Reply in Support of his Motion for Certification of the Court’s September 28,
2018 Order Pursuant to 28 U.S.C. § 1292(b),
Blumenthal v. Trump, Civ. A. No. 17-cv-1154-EGS (D.D.C. Nov. 9, 2018) (Sullivan, J.), ECF No. 62, 2018 WL
5906832, 2018 U.S. Dist. Ct. Motions LEXIS 106.
Minute Order, Blumenthal v. Trump,
ECF No. 67 (April 30, 2019 & May 1, 2019): Renewed briefing schedule on
S.1292 motion: May 14, 21, and 28, 2019.
ECF No. 68 (May 3, 2019), Joint Consent Motion to extend time to file
answer and to file Joint or Proposed Discovery Order(s)--to be completed by May
28, 2019.
Order, Blumenthal v. Trump, ECF
No. 69 (May 7, 2019) (granting joint consent motion in regard to time to file
answer and submission of proposed discovery orders).
Defendant’s
Supplemental Brief in Support of his Motion Pursuant to 28 U.S.C. § 1292(b) for
Certification of the Court’s Denial of Motion to Dismiss and Defendant’s Motion
to Stay, Blumenthal v. Trump, Case 1:17-cv-01154-EGS (D.D.C. May 14, 2019)
(Sullivan, J.), ECF No. 71-1, 2019 WL 2118015, <https://www.courtlistener.com/recap/gov.uscourts.dcd.187220/gov.uscourts.dcd.187220.71.1.pdf>;
Plaintiffs’ Opposition to Defendant’s Motion for a Stay and Supplemental
Brief Regarding Defendant’s Motion for Certification Pursuant to 28 U.S.C. § 1292(b), Blumenthal
v. Trump, Case 1:17-cv-01154-EGS (D.D.C. May 21, 2019) (Sullivan, J.), ECF No.
74, 2019 WL 2219198, <https://www.courtlistener.com/recap/gov.uscourts.dcd.187220/gov.uscourts.dcd.187220.74.0.pdf>.
Brief of
Scholar Seth Barrett Tillman and Judicial Education Project as Amici Curiae
in Support of the Defendant’s Supplemental Brief in Support of his Motion Pursuant
to 28 U.S.C. § 1292(b) for Certification of the Court’s Denial of Motion to
Dismiss and Defendant’s Motion to Stay, Senator Richard Blumenthal v. Donald J.
Trump, in his official capacity as President of the United States of America,
Civ. A. No. 1:17-cv-01154-EGS (D.D.C. May 21, 2019) (Sullivan, J.) (filed by
Josh Blackman et al.), ECF No. 73-1, 2019 WL 2202704 (motion only, but PDF
includes brief), 2019 U.S. Dist. Ct. Briefs LEXIS __, <https://ssrn.com/abstract=3381838>.
Defendant’s
Reply in Support of his Motion Pursuant to 28 U.S.C. § 1292(b) and of its
Motion to Stay Proceedings, Blumenthal v. Trump, Case 1:17-cv-01154-EGS (D.D.C.
May 28, 2019) (Sullivan, J.), ECF No. 77, 2019 WL 2290744.
Plaintiffs’
Surreply in Opposition to Defendant’s Motion for a Stay, Blumenthal v. Trump,
Civ. A. No. 1:17-cv-01154-EGS (D.D.C. June 3, 2019) (Sullivan, J.), ECF No. 78,
2019 WL 2365308.
Defendant’s
Notice of Supplemental Authority, Blumenthal v. Trump, Civ. A. No.
1:17-cv-01154-EGS (D.D.C. June 20, 2019), ECF No. 81, <https://www.courtlistener.com/recap/gov.uscourts.dcd.187220/gov.uscourts.dcd.187220.81.0.pdf>.
OPINION: Blumenthal
v. Trump, Civ. A. No. 1:17-cv-01154-EGS, 2019 WL 2603864, 2019 U.S. Dist.
LEXIS 105540, 382 F. Supp. 3d 77 (D.D.C. June 25, 2019) (Sullivan, J.) (denying
DOJ’s S.1292 motion), ECF No. 82, <https://www.courtlistener.com/recap/gov.uscourts.dcd.187220/gov.uscourts.dcd.187220.82.0_1.pdf>.
Order, Blumenthal v. Trump, Civ. A. No.
1:17-cv-01154-EGS (D.D.C. June 25, 2019) (Sullivan, J.) (ordering discovery to
commence on June 28, 2019).
Notice of
Petition for a Writ of Mandamus to the United States District Court for the
District of Columbia and Motion for Stay of District Court Proceedings Pending
Mandamus, In re Donald J. Trump (Blumenthal v. Trump), in his official capacity
as President of the United States, Civ. A. No. 1:17-cv-01154-EGS (D.D.C. July
8, 2019), ECF No. 90-1, <https://www.courtlistener.com/recap/gov.uscourts.dcd.187220/gov.uscourts.dcd.187220.90.0_1.pdf>;
Petition
for a Writ of Mandamus to the United States District Court for the District of
Columbia and Motion for Stay of District Court Proceedings Pending Mandamus, In
re Donald J. Trump (Blumenthal v. Trump), in his official capacity as President
of the United States, App. No. 19-5196 (D.C. Cir. July 8, 2019), Document
#1796180, 2019 WL 3010281, LEXIS __, <https://www.courtlistener.com/docket/17980/in-re-donald-trump/>;
DOJ’s
Rule 28(j) Letter of July 10, 2019 informing DC Cir of 4th Circuit decision in In
re Trump (DC & MD v. Trump) (4th Cir. July 10, 2019).
Respondents’
Opposition to Petition for a Writ of Mandamus to the United States District
Court for the District of Columbia and Opposition to Motion for Stay of
District Court Proceedings Pending Mandamus, In re Donald J. Trump, as
President of the United States in his Official Capacity, App. No. 19-5196 (D.C.
Cir. July 15, 2019), ECF No. 5, Document #, 2019 WL 3216601, LEXIS __, <https://www.theusconstitution.org/wp-content/uploads/2019/07/Blumenthal-Mandamus-Response-AS-FILED.pdf>.
Reply to
Respondents’ Opposition to Petition for a Writ of Mandamus to the United States
District Court for the District of Columbia and Motion for Stay of District
Court Proceedings Pending Mandamus, In re Donald J. Trump (Blumenthal v. Trump)
in his Official Capacity as President of the United States, App. No. 19-5196
(D.C. Cir. July 17, 2019), ECF No. 6, 2019 WL 3216602, LEXIS __,
<https://www.courtlistener.com/docket/6073688/95/blumenthal-v-trump/>.
<https://www.courtlistener.com/docket/6073688/95/blumenthal-v-trump/>.
Order, In re Donald Trump (Blumenthal v. Trump),
App. No. 19-5196 (D.C. Cir. [Friday] July 19, 2019 [4:40 PM]) (per curiam)
(Millett, Pillard, and Wilkins, JJ.), 2019 WL 3285234, ECF No. 7, <https://assets.documentcloud.org/documents/6207494/7-19-19-DC-Circuit-Order.pdf>
(exercising discretion to deny the writ and stay, without prejudice, and
remanding the matter to the district court for immediate reconsideration
of the motion to certify and the motion to stay the proceedings); id.
(“The question of whether the Foreign Emoluments Clause, U.S. Const. Art. I, §
9, cl. 8, or other authority gives rise to a cause of action against the
President is unsettled, and the standing question arises at the intersection of
precedent. Compare Virginia House of Delegates v. Bethune-Hill, 139 S.
Ct. 1945 (2019), with Coleman v. Miller, 307 U.S. 433 (1939).”),
<https://assets.documentcloud.org/documents/6207494/7-19-19-DC-Circuit-Order.pdf>;
Order, Blumenthal v. Trump, Civ. A. No.
1:17-cv-01154-EGS (D.D.C. July 19, 2019 [5:20 PM]) (Sullivan, J.) (“Upon
consideration of the D.C. Circuit’s Order in In re: Donald J. Trump, No.
19-5196 (D.C. Cir. July 19, 2019) (per curiam), the Court, sua sponte,
temporarily stays discovery until further Order of this Court.”), ECF No. 123.
Brief of Amici Curiae Scholars of Standing, Federal Jurisdiction, and Constitutional Law in Support of Plaintiffs-Appellees, Blumenthal v. Trump, App. No. 19-5237 (D.C. Cir. Oct. 29, 2019), ECF No. __, 2019 WL 5570963, <>.
Brief of Former Government Ethics Officers as Amici Curiae Supporting Plaintiffs-Appellees and Affirmance, Blumenthal v. Trump, 19-5237 (D.C. Cir. Oct. 29, 2019), ECF No. __, 2019 WL 5570964, <>.
Brief of Separation of Powers Scholars as Amici Curiae in Support of Plaintiffs-Appellees and in Support of Affirmance, Blumenthal v. Trump, App. No. 19-5237 (D.C. Cir. Oct. 29, 2019), ECF No. __, 2019 WL 5589022, <>.
Brief of Amici Curiae Administrative Law, Constitutional Law, and Federal Courts Scholars in Support of Appellees and in Support of Affirmance, Blumenthal v. Trump, App. No. 19-5237 (D.C. Cir. Oct. 29, 2019), ECF No. __, 2019 WL 5589023, <>.
Brief for the Niskanen Center, Republic Women for Progress, Donald B. Ayer, Trevor Potter, Laurence Tribe, and J.W. Verret as Amici Curiae in Support of Appellees and Affirmance of the Decision Below, Blumenthal v. Trump, App. No. 19-5237 (D.C. Cir. Oct. 29, 2019), ECF No. __, 2019 WL 5589021, <>.
Brief of Former National Security Officials as Amici Curiae in Support of Plaintiffs-Appellees, Blumenthal v. Trump, App. No. 19-5237 (D.C. Cir. Oct. 29, 2019), ECF No. __, 2019 WL 5589024.
Brief for Amici Curiae Certain Legal Historians in Support of Plaintiffs-Appellees and Affirmance, Blumenthal v. Trump, App. No. 19-5237 (D.C. Cir. Oct. 29, 2019), ECF No. __, 2019 WL 5589025.
DC & MD v. Trump (D. Md. and 4th Circuit):
Defendant’s Supplemental Brief in Support of his
Motion for Certification of the Court’s September 28 2018 and April 30, 2019
Orders Pursuant to 28 U.S.C. § 1292(b) and for a Stay of Discovery, Blumenthal
v. Trump, Civ. A. No. 1:17-cv-01154-EGS, 2019 WL 3426281 (D.D.C. July 29, 2019)
(Sullivan, J.), ECF No. 93, <https://www.courtlistener.com/recap/gov.uscourts.dcd.187220/gov.uscourts.dcd.187220.93.0_1.pdf>.
Plaintiffs’ Supplemental Brief in Opposition to
Defendant’s Motion for Certification Pursuant to 28 U.S.C. § 1292(b) and Motion
for a Stay Pending Appeal, Blumenthal v. Trump, Civ. A. No. 1:17-cv-01154-EGS
(D.D.C. Aug. 5, 2019) (Sullivan, J.), ECF No. 94, 2019 WL 3690961,
Defendant’s Supplemental Reply Brief in Support of his
Motion for Certification of the Court’s September 28, 2018 and April 30, 2019
Orders Pursuant to 28 U.S.C. § 1292(b) and for a Stay of Pending Appeal,
Blumenthal v. Trump, Civ. A. No. 1:17-cv-01154-EGS (D.D.C. Aug. 12, 2019)
(Sullivan, J.), ECF No. 95, 2019 WL 3777471, <https://www.courtlistener.com/docket/6073688/95/blumenthal-v-trump/>.
OPINION: Blumenthal v. Trump, Civ. A. No.
1:17:-cv-01154-EGS (Aug. 21, 2019) (Sullivan, J.), ECF No. 96, 2019 WL 3948478 (granting
certification for interlocutory appeal, and staying all discovery), <https://www.courtlistener.com/recap/gov.uscourts.dcd.187220/gov.uscourts.dcd.187220.96.0.pdf>.
Petition for Permission to Appeal two Interlocutory
Orders of the United States District Court for the District of Columbia
Pursuant to 28 U.S.C. § 1292(b), Blumenthal v. Trump, [App.] No. 19-8005 (D.C.
Cir. Aug. 30, 2019), ECF No. __, 2019 WL 4201093, <>. Note it was
assigned a new docket number.
Plaintiffs’ Response to Defendant’s Petition for
Permission to Appeal under 28 U.S.C. § 1292(b), Blumenthal v. Trump, [App.] No.
19-8005 (D.C. Cir. Sept. 3, 2019), ECF No. __, 2019 WL 4201092, <https://www.theusconstitution.org/wp-content/uploads/2019/09/As-Filed-Petition-Response.pdf>.
Note it was assigned a new docket number.
Order, In re Donald J. Trump, in his official capacity
as President of the United States of America, [App.] No. 19-8005 (D.C. Cir.
Sept. 4, 2019) (Millett, Pillard, and Wilkins, JJ.) (granting petition), ECF
No. __, 2019 WL 4200443, <>. The order seemed to indicate that the appeal’s
merits briefing would receive another new docket number.
Joint Motion to set Briefing Schedule, Blumenthal v.
Trump, [App.] No. 19-5237 (D.C. Cir. Sept. 6, 2019), ECF No. __, <>, (DOJ’s
opening brief due October 1, 2019; Plaintiffs’ answering brief: due October 22,
2019; and DOJ’s reply brief due November 5, 2019). This is a slightly shortened
briefing schedule--each side taking 3 weeks, rather than 4 weeks for their
brief.
Order, Briefing Schedule, , Blumenthal v. Trump,
[App.] No. 19-5237 (D.C. Cir. Sept. 9, 2019), ECF No. __, <>.
Brief for the Appellant, Blumenthal v. Trump, App. No.
19-5237 (D.C. Cir. Oct. 1, 2019), ECF No. __, 2019 WL 4857260.
Motion of Scholar Seth Barrett Tillman and the
Judicial Education Project for Appointment As Amici Curiae in Support of
Appellant, or in the Alternative, Motion For Leave To Participate at Oral
Argument, Blumenthal v. Trump, App. No. 19-5237 (D.C. Cir. Oct. 7, 2019) (filed
by Josh Blackman et al.), ECF No. __, 2019 WL 5098920, <https://ssrn.com/abstract=3463343>.
Order, No. 19-5237 (D.C. Cir. Nov. 12, 2019) (before Henderson, Tatel, Griffith, JJ.) (denying motion Tillman/JEP motion).
Order, No. 19-5237 (D.C. Cir. Nov. 12, 2019) (before Henderson, Tatel, Griffith, JJ.) (denying motion Tillman/JEP motion).
Amicus Brief of Scholar Seth Barrett Tillman and the
Judicial Education Project in Support of Defendant-Appellant and Reversal,
Blumenthal v. Trump, President of the United States, in his official capacity,
App. No. 19-5237 (D.C. Cir. Oct. 8, 2019) (filed by Josh Blackman et al.), ECF
No. __, 2019 WL 5064977, <https://ssrn.com/abstract=3340970>.
Brief of Amici Curiae Professor Clark D.
Cunningham and Professor Jesse Egbert in Support of Neither Party, Blumenthal
v. Trump, 19-5237 (D.C. Cir. Oct. 8, 2019), ECF No. __, 2019 WL 5064978.
Brief for the Appellees, Blumenthal v. Trump, in his
official capacity, [App.] No. 19-5237 (D.C. Cir. Oct. 22, 2019), 2019 WL
5420574,
<https://www.theusconstitution.org/wp-content/uploads/2019/10/Blumenthal-Appellee-Brief.pdf>.
Brief of Bipartisan Former Members of Congress as Amici Curiae in Support of Appellees, Blumenthal v. Trump, [App.] No. 19-5237 (D.C. Cir. Oct. 28, 2019), ECF No. __, 2019 WL 5566264, <>.
Brief of Bipartisan Former Members of Congress as Amici Curiae in Support of Appellees, Blumenthal v. Trump, [App.] No. 19-5237 (D.C. Cir. Oct. 28, 2019), ECF No. __, 2019 WL 5566264, <>.
Brief of Amici Curiae Scholars of Standing, Federal Jurisdiction, and Constitutional Law in Support of Plaintiffs-Appellees, Blumenthal v. Trump, App. No. 19-5237 (D.C. Cir. Oct. 29, 2019), ECF No. __, 2019 WL 5570963, <>.
Brief of Former Government Ethics Officers as Amici Curiae Supporting Plaintiffs-Appellees and Affirmance, Blumenthal v. Trump, 19-5237 (D.C. Cir. Oct. 29, 2019), ECF No. __, 2019 WL 5570964, <>.
Brief of Separation of Powers Scholars as Amici Curiae in Support of Plaintiffs-Appellees and in Support of Affirmance, Blumenthal v. Trump, App. No. 19-5237 (D.C. Cir. Oct. 29, 2019), ECF No. __, 2019 WL 5589022, <>.
Brief of Amici Curiae Administrative Law, Constitutional Law, and Federal Courts Scholars in Support of Appellees and in Support of Affirmance, Blumenthal v. Trump, App. No. 19-5237 (D.C. Cir. Oct. 29, 2019), ECF No. __, 2019 WL 5589023, <>.
Brief for the Niskanen Center, Republic Women for Progress, Donald B. Ayer, Trevor Potter, Laurence Tribe, and J.W. Verret as Amici Curiae in Support of Appellees and Affirmance of the Decision Below, Blumenthal v. Trump, App. No. 19-5237 (D.C. Cir. Oct. 29, 2019), ECF No. __, 2019 WL 5589021, <>.
Brief of Former National Security Officials as Amici Curiae in Support of Plaintiffs-Appellees, Blumenthal v. Trump, App. No. 19-5237 (D.C. Cir. Oct. 29, 2019), ECF No. __, 2019 WL 5589024.
Brief for Amici Curiae Certain Legal Historians in Support of Plaintiffs-Appellees and Affirmance, Blumenthal v. Trump, App. No. 19-5237 (D.C. Cir. Oct. 29, 2019), ECF No. __, 2019 WL 5589025.
[Appellant’s]
Reply Brief, Blumethal v. Trump, App. No. 19-5237 (D.C. Cir. Nov. 5, 2019), ECF
No. __, 2019
WL 5727504, <>.
Oral Argument (D.C. Cir. forth. Dec.
9, 2019).
OPINION: Blumenthal v. Trump,
in his official capacity, [App.] No.
19-5237 (D.C. Cir. forth. 2019-2020) (affirming or reversing the trial court’s
denial of the DOJ’s motion to dismiss), ECF No. __, <>.
Petition for En Banc Review filed by
non-prevailing party before D.C. Cir. (D.C. Cir. forth. 2020).
Petition for Writ of Certiorari filed by
non-prevailing party before DC Circuit (forth. 2020).
Opposition to Petition for Writ (forth. 2020).
Reply in support of Petition for Writ (forth. 2020).
ORDER: Supreme Court in regard to petition seeking a
writ of certiorari, [file] No. ___, __ U.S. ____ (forth. 2020).
Merits brief on petition filed by non-prevailing party
before DC Circuit (forth. 2020).
Opposition brief on petition (forth. 2020).
Reply brief in support of petition (forth. 2020).
Oral argument before Supreme Court (forth. 2020).
OPINION: Supreme Court on the merits, [file] No. ___,
__ U.S. ____ (forth. 2020).
DC & MD v. Trump (D. Md. and 4th Circuit):
[First]
Amended Complaint, DC & MD v. Trump, Civ. A. No. 8:17-cv-01596-PJM (D. Md.
Feb. 23, 2018) (Messitte, J.), ECF No. 90-2, 2018 WL 1051866, <https://assets.documentcloud.org/documents/4386797/2-23-18-DC-v-Trump-Amended-Complaint.pdf>,
amending Complaint, DC & MD v. Trump, Civ. A. No. 8:17-cv-01596-PJM (D. Md.
June 12, 2017) (Messitte, J.), ECF No. 1, 2017 WL 2559732, <http://guptawessler.com/wp-content/uploads/2012/05/2017-6-12-DC-MARYLAND-vs-TRUMP.pdf>
(Rule 15 motion filed, notwithstanding complete briefing and oral argument on
motion to dismiss based on the original complaint).
Answer of
the President, in his Official Capacity, DC & MD v. Trump, Civ. A. No.
8:17-cv-01596-PJM, 2018 WL 4276187, 2018 U.S. Dist. Ct. Pleadings LEXIS 14 (D.
Md. Sept. 5, 2018) (Messitte, J.) (filed by DOJ), ECF No. 129.
DC &
MD v. Trump, DOJ’s Memorandum of Law in Support of Motion to Dismiss (Complaint),
2017 WL 5557942, <http://guptawessler.com/wp-content/uploads/2017/11/2019-09-29-29-1-Govt-MTD.pdf>.
DC &
MD v. Trump, Plaintiffs’ Opposition Brief, 2017 WL 5598183, <http://guptawessler.com/wp-content/uploads/2017/11/Filed-DC-MD-emoluments-opposition.pdf>.
DC &
MD v. Trump, DOJ’s Reply Brief, 2017 WL 7551098.
Legal
Historians Brief—Amicus filing in Support of Plaintiffs: 2017 WL 5624876.
Brief of
Former National Security Officers—Amicus filing in Support of Plaintiffs: 2017
WL 5624871.
Brief of
Chayes—Amicus filing in Support of Plaintiffs: 2017 WL 5624874.
Brief of
Former Government Ethics Officers—Amicus filing in Support of Plaintiffs: 2017
WL 5900264.
Brief of
Amici Curiae Administrative Law, Constitutional Law, and Federal Courts
Scholars—Amicus filing in Support of Plaintiffs: 2017 WL 5624872.
Tillman
and JEP—Amicus filing in Support of Defendant, 2017 WL 5598180, 2017 WL
4685826, 2017 U.S. Dist. Ct. Briefs LEXIS 410, <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2996355>.
Motion
for Clarification [for Seth Barrett Tillman and the Judicial Education Project
as Amici Curiae], District of Columbia & State of Maryland v. Donald
J. Trump, in his official capacity as President of the United States of
America, Civ. A. No. 8:17-cv-01596-PJM (D. Md. Dec. 11, 2017) (Messitte, J.)
(filed by Josh Blackman et al.), ECF No. 71, <https://ssrn.com/abstract=3376159>.
Corrected
Response of Scholar Seth Barrett Tillman and the Judicial Education Project as
Amici Curiae in Support of the Defendant (Dec. 31, 2017, D. Md.) (Messitte,
J.), 2017 WL 6880026, 2017 U.S. Dist. Ct. Motions LEXIS 466, <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3089868>.
Oral
argument on DOJ’s motion to dismiss held on January 25, 2018.
Correspondence,
from Seth Barrett Tillman and the Judicial Education Project as Amici Curiae in
Support of the Defendant, Seeking an Order in regard to Plaintiffs’ Motion to
Amend the Complaint, District of Columbia & State of Maryland v. Donald J.
Trump, in his official capacity as President of the United States of America,
Civ. A. No. 8:17-cv-01596-PJM (D. Md. Jan. 29, 2018) (Messitte, J.) (filed by
Professor Josh Blackman et al.), ECF No. 88, 2018 WL 1128948, <https://www.scribd.com/document/370301834/Maryland-v-Trump-Correspondence-1-29-18>,
<https://ssrn.com/abstract=3112896>.
Memorandum
of Law in Support of Plaintiffs’ Motion for Leave to File an Amended Complaint
and to Apply the Pending Motion to Dismiss [Doc. 21] to the Amended Complaint,
DC & MD v. Trump, Civ. A. No. 8:17-cv-01596-PJM (D. Md. Feb. 23, 2018)
(Messitte, J.), ECF No. 90-1, 2018 WL 1156591 (under Rule 12 and Rule 15).
Defendant’s
Response to Plaintiffs’ Motion for Leave to File an Amended Complaint and to
Apply the Pending Motion to Dismiss [Doc. 21] to the Amended Complaint, DC
& MD v. Trump, Civ. A. No. 8:17-cv-01596-PJM (D. Md. Mar. 8, 2018)
(Messitte, J.), ECF No. 93, 2018 WL 1226121 (under Rule 12).
Plaintiffs’
Reply Brief to DOJ Opp’n Brief: not filed as Court ruled before filing date:
See Order, Mar. 13, 2018, Doc. 94 (granting Rule 12 motion, explaining that the
court will rule on official capacity claim “without delay”).
Letter
Brief filing Supplemental Authority, from Seth Barrett Tillman and the Judicial
Education Project as Amici Curiae in Support of the Defendant, District of
Columbia & State of Maryland v. Donald J. Trump, in his official capacity
as President of the United States of America, Civ. A. No. 8:17-cv-01596-PJM (D.
Md. Mar. 19, 2018) (Messitte, J.), ECF No. 97, <https://www.scribd.com/document/374271648/D-C-and-Maryland-v-Trump-Notice-of-Supplemental-Authority-3-19-18>,
<https://ssrn.com/abstract=3141732>
Summons
served on President on or about March 26, 2018, ECF No. 98.
President
of the United States’ Statement of Interest, District of Columbia & State
of Maryland v. Donald J. Trump, in his official capacity as President of the
United States of America, Civ. A. No. 8:17-cv-01596-PJM (D. Md. Mar. 26, 2018)
(Messitte, J.) (filed by the Department of Justice), ECF No. 100, 2018 WL
1511801, <https://ssrn.com/abstract=3150220>
(“We assume for purposes of this Statement that the President is subject to the
Foreign Emoluments Clause.”).
OPINION: DC
& MD v. Trump, Civ. A. No. 8:17-cv-01596-PJM, 2018 WL 1516306, 2018
U.S. Dist. LEXIS 51365, 291 F. Supp. 3d 725 (D. Md. Mar. 28 2018) (Messitte,
J.), ECF No. 101 (determining standing only, with further decision(s) yet to
come), <http://guptawessler.com/wp-content/uploads/2018/03/101-Opinion.pdf>.
Supplemental
briefing towards second oral argument to conclude no later than May 31, 2018.
But, it appears no such supplemental filings will be made (by the parties). In
the absence of filings by the parties, there is nothing for amici to file.
Memorandum
in Support of Motion to Dismiss on Behalf of Defendant in his Individual
Capacity, District of Columbia & State of Maryland v. Donald J. Trump, in
his official capacity as President of the United States and in his individual
capacity, Civ. A. No. 8:17-cv-01596-PJM (D. Md. May 1, 2018) (Messitte, J.)
(filed by Consovoy McCarthy Park PLLC), ECF No. 112-1, 2018 WL 2046401
(motion), 2018 WL 2084199 (memo), 2018 U.S. Dist. Ct. Motions LEXIS 31.
Brief for
Scholar Seth Barrett Tillman and the Judicial Education Project as Amici Curiae
in Support of Neither Party with Respect to Motion to Dismiss on Behalf of
Defendant in his Individual Capacity, District of Columbia & State of
Maryland v. Donald J. Trump, in his official capacity as President of the
United States of America, and in his individual capacity, Civ. A. No.
8:17-cv-01596-PJM (D. Md. May 8, 2018) (Messitte, J.) (filed by Josh Blackman
et al.), ECF No. 114, 2018 WL 2159867, 2018 U.S. Dist. Ct. Motions LEXIS 32,
<https://ssrn.com/abstract=3174268>.
Memorandum
of Law in Support of Plaintffs’ Opposition to Motion to Dismiss of Defendant in
his Individual Capacity, District of Columbia & State of Maryland v. Donald
J. Trump, in his official capacity as President of the United States of
America, and in his individual capacity, Civ. A. No. 8:17-cv-01596-PJM (D. Md.
May 18, 2018) (Messitte, J.), ECF No. 117, 2018 WL 2417891, 2018 WL 2321736
[?], 2018 U.S. Dist. Ct. Motions LEXIS 47.
Reply
[Brief] in Support of Motion to Dismiss on Behalf of Defendant in his
Individual Capacity, District of Columbia & State of Maryland v. Donald J.
Trump, in his official capacity as President of the United States of America,
and in his individual capacity, Civ. A. No. 8:17-cv-01596-PJM (D. Md. May 25,
2018) (Messitte, J.) (filed by Consovoy McCarthy Park PLLC), ECF No. 118, 2018
WL 2761577, 2018 U.S. Dist. Ct. Motions LEXIS 48.
No oral
argument has been held or scheduled on the Individual Capacity Defendant’s
(Trump’s) motion to dismiss. Nor was the Individual Capacity Defendant
permitted to participate in the oral argument involving the Official Capacity
Defendant’s motion to dismiss.
The
District Court never issued an order or opinion in regard to the Individual
Capacity Def’s motion to dismiss--(now apparently adjourned in light of action
before 4th Circuit).
Second
oral argument on DOJ’s motion to dismiss on June 11, 2018, 10 AM.
OPINION: District
of Columbia & The State of Maryland v. Donald J. Trump, individually and in
his official capacity as President of the United States, Civ. A. No.
8:17-cv-01596-PJM, 2018 WL 3559027, 2018 U.S. Dist. LEXIS 124129, 315 F. Supp.
3d 875, 880, 882–85, 884 n.17 (D. Md. July 25, 2018) (Messitte, J.), ECF No.
124 (deciding threshold issues other than standing—in regard to official
capacity claims only) (citing Tillman’s Amicus brief) (ruling for plaintiffs—no
discovery ordered at this juncture), <http://www.mdd.uscourts.gov/news/opinion-issued-district-columbia-et-al-v-donald-j-trump-2018-07-25t000000>.
[Parties’]
Joint Recommendation at 5, DC & MD v. Trump, Civ. A. No. 8:17-cv-01596-PJM
(D. Md. Aug. 15, 2018) (Messitte, J.), ECF No. 125: (“President Trump in his
official capacity plans to file a motion, pursuant to 28 U.S.C. § 1292(b), [seeking] to
certify for interlocutory appeal the Court’s March 28 and July 15 Orders on the
Motion to Dismiss (Doc. 101 and 123) and, if granted, to stay proceedings
pending appeal. The parties have conferred and agreed on a proposed briefing
schedule, as follows: Motion for Certification under 28 U.S.C. § 1292(b) [/]
August 17, 2018[;] Opposition to Motion for Certification [/] September 17,
2018[;] Reply in Support of Motion [/] October 1, 2018.”);
Motion of
the President, in his Official Capacity, for Certification of this Court’s
March 28 and July 25, 2018 Orders Pursuant to 28 U.S.C. § 1292(b) and for a
Stay Pending Appeal, DC & MD v. Trump, Civ. A. No. 8:17-cv-01596-PJM (D.
Md. Aug. 17, 2018) (Messitte, J.) (filed by DOJ), ECF No. 127, 2018 WL 3969639,
2018 U.S. Dist. Ct. Motions LEXIS 59.
Answer of
the President, in his Official Capacity, DC & MD v. Trump, Civ. A. No.
8:17-cv-01596-PJM, 2018 WL 4276187, 2018 U.S. Dist. Ct. Pleadings LEXIS 14 (D.
Md. Sept. 5, 2018) (Messitte, J.) (filed by DOJ), ECF No. 129.
Plaintiffs’
Opp’n to President Trump’s Motion for Certification of this Court’s March 28
and July 25, 2018 Orders for Interlocutory Appeal and for a Stay Pending
Appeal, DC & MD v. Trump, Civil Action No. 8:17-cv-01596-PJM (D. Md. Sept.
17, 2018) (Messitte, J.), ECF No. 133, 2018 WL 4464964, 2018 U.S. Dist. Ct.
Motions LEXIS 60.
Reply of
the President, in his Official Capacity, in Support of his Motion for
Certification of this Court’s March 28 and July 25, 2018 Orders Pursuant to 28
U.S.C. § 1292(b) and for a Stay Pending Appeal, DC & MD v. Trump, Civ. A.
No. 8:17-cv-01596-PJM (D. Md. Sept. 26, 2018) (Messitte, J.), ECF No. 134, 2018
WL 4859818, 2018 U.S. Dist. Ct. Motions LEXIS 61.
OPINION: The
District of Columbia & The State of Maryland v. Donald J. Trump, in his
official capacity as President of the United States, Civ. A. No.
8:17-cv-01596-PJM, 2018 WL 5728678, 2018 U.S. Dist. LEXIS 187785, 344 F. Supp.
3d 828 (D. Md. Nov. 2, 2018) (Messitte, J.), ECF No. 135 (denying DOJ motion for certification of interlocutory appeal, and ordering DOJ to file a discovery schedule by Nov. 22,
2018), <http://guptawessler.com/wp-content/uploads/2018/11/135-opinion.pdf>.
Plaintiffs’
Proposed Discovery Schedule, ECF No. 138, Nov. 21, 2018.
Defendant’s
(DOJ’s) Response to Plaintiffs’ Proposed Discovery Schedule, ECF No. 141, Nov.
30, 2018.
Plaintiffs’
Reply to Defendant’s (DOJ’s) Response to Plaintiffs’ Proposed Discovery
Schedule, ECF No. 142, Dec. 2, 2018.
President
Trump’s (in his Individual Capacity) Request for a Status Conference, ECF No.
143, Dec. 3, 2018.
Scheduling
Order Regarding Discovery, DC & MD v.
Trump, ECF No. 145, Dec. 3, 2018.
Petition
for a Writ of Mandamus to the United States District Court for the District of
Maryland and Motion for Stay of District Court Proceedings Pending Mandamus, In
re Donald J. Trump (DC & MD v. Trump), in his official capacity as
President of the United States, No. 18-2486 (4th Cir. Dec. 17, 2018) (official
capacity claim only) (cross filed in District Court ECF No. 151-1), 2018 U.S.
4th Cir. Briefs LEXIS 2, 2018 WL 6735981.
Respondents’[-Plaintiffs’]
Opposition to Motion for Stay of District Court Proceedings Pending Mandamus,
In re Trump (DC & MD v. Trump), No. 18-2486 (4th Cir. Dec. 20, 2018)
(official capacity claim only), 2018 U.S. 4th Cir. Briefs LEXIS 3, 2018 WL
6839635.
Order, In re Donald J. Trump (DC & MD v. Trump),
App. No. 18-2486 (4th Cir. Dec. 20, 2018) (granting stay of district court
proceedings and ordering oral argument during March 19-21, 2019) (official
capacity claim). See immediately below.
Case
calendared on Jan. 28, 2019 for oral argument: March 19, 2019, 9:30 AM, App.
No. 18-2486 (official capacity claim).
Briefing
Schedule Order, In re Donald J. Trump (DC
& MD v. Trump), No. 18-2486 (4th Cir. Dec. 20, 2018) (briefing
schedule: as subsequently modified—no opening brief; February 6, 2019; and,
February 21, 2019) (official capacity claim).
Motion
for a Stay of Briefing in light of Lapse of Appropriations, In re Donald J.
Trump (DC & MD v. Trump), No. 18-2486 (4th Cir. Dec. 26, 2018) (official
capacity claim only).
Order,
Granting Suspension of Briefing Schedule, In
re Donald J. Trump (DC & MD v. Trump), No. 18-2486 (4th Cir. Dec. 26,
2018) (official capacity claim only).
Order,
Jan. 10, 2019, new briefing schedule announced.
Petitioner’s-Defendant’s
(DOJ’s) Merits Brief in Support of Petition Seeking Mandamus and Stay of
Discovery, In re Trump (DC & MD v. Trump), No. 18-2486 (4th Cir.) (official
capacity claim): No opening brief: just mandamus petition. See 2018 U.S. 4th
Cir. Briefs LEXIS 2, 2018 WL 6735981 (cross filed in District Court ECF No.
151-1).
Amicus
Brief of Scholar Seth Barrett Tillman and the Judicial Education Project in
Support of Petitioner, In re Donald J. Trump, in his official capacity, App.
No. 18-2486 (4th Cir. Jan. 29, 2019) (filed by Josh Blackman et al.), ECF No.
28-1, 2019 WL 366219, 2018 U.S. 4th Cir. Briefs LEXIS 11, <https://ssrn.com/abstract=3314703>
(official capacity claim).
Brief of
Amici Curiae Professor Clark D. Cunningham and Professor Jesse Egbert on Behalf
of Neither Party, In re Trump (DC & MD v. Trump), No. 18-2486 (4th Cir.
Jan. 29, 2019) (official capacity claim only), 2019 WL 366218, 2019 U.S. 4th
Cir. Briefs LEXIS 2.
Respondents’
[Plaintiffs’] [Merits] Brief in Opposition to Petition for Writ of Mandamus, In
re Donald J. Trump, President of the United States of America, in his official
capacity, App. No. 18-2486 (4th Cir. Feb. 6, 2019) (official capacity claim),
2019 WL 481721, 2019 U.S. 4th Cir. Briefs LEXIS 5, Doc. No. 35 (discussing OIG
Report), <http://oag.dc.gov/sites/default/files/2019-02/Emoluments-Respondents-Brief-Opposition-Mandamus.pdf>.
Brief of Former
National Security Officials as Amici Curiae in Support of Respondents, In re
Donald J. Trump (DC & MD v. Trump), App. No. 18-2486 (4th Cir. Feb. 13,
2019), Doc. No. 38-1, 2019 WL 654722, 2019 U.S. 4th Cir. Briefs LEXIS 6
(official capacity claim only).
Amicus
Brief of the Commonwealth of Virginia in Support of Respondents[-Plaintiffs] at
8 n.5, 9 n.7, 16 n.12, In re Donald J. Trump (DC & MD v. Trump), App. No.
18-2486 (4th Cir. Feb. 13, 2019), Doc. No. 39-1, 2019 WL 654723, 2019 U.S. 4th
Cir. Briefs LEXIS 8 (official capacity claim only) (citing Teachout/Tillman in
Interactive Constitution).
Brief of
the Niskanen Center, Republican Women for Progress, Cheri Jacobus, Tom Coleman,
Emil H. Frankel, and Joel Searby as Amici Curiae in Support of Respondents, In
re Donald J. Trump (DC & MD v. Trump), App. No. 18-2486 (4th Cir. Feb. 13,
2019), Doc. No. 40-1, 2019 WL 634460, 2019 U.S. 4th Cir. Briefs LEXIS 7
(official capacity claim only).
Brief of
Amici Curiae Administrative Law, Constitutional Law, and Federal Courts
Scholars in Support of Respondents and in Opposition to Petition for Writ of
Mandamus, In re Donald J. Trump (DC & MD v. Trump), App. No. 18-2486 (4th
Cir. Feb. 13, 2019), Doc. No. 41-2, 2019 WL 634461, 2019 U.S. 4th Cir. Briefs
LEXIS 9 (official capacity claim only).
Brief for
Amici Curiae Certain Legal Historians in Support of Plaintffs-Appellees and in
Opposition to Petition for Writ of Mandamus, In re Donald J. Trump (DC & MD
v. Trump), App. No. 18-2486 (4th Cir. Feb. 13, 2019), Doc. No. 42-1, 2019 WL
634462, 2019 U.S. 4th Cir. Briefs LEXIS 10 (official capacity claim only).
Reply
Brief for Petitioner, In re Donald J. Trump, in his official capacity, App. No.
18-2486 (4th Cir. Feb. 21, 2019), Doc. No. 50, 2019 WL 913478, 2019 U.S. 4th
Cir. Briefs LEXIS 13 (citing Tillman’s 4th Circuit INDIVIDUAL capacity amicus
brief).
Motion of
Amici Curiae Scholar Seth Barrett Tillman and the Judicial Education Project
For Leave to Participate in Oral Arguments, In re Donald J. Trump, and DC &
MD v. Trump, App. Nos. 18-2486, [18-2488] (4th Cir. Feb. 27, 2019), ECF No. 52,
2019 WL 979106, 2019 LEXIS __, <https://ssrn.com/abstract=3340961>
(official capacity only) (subsequently DENIED).
Oral
Argument during March 19, 2019, 9:30 AM (4th Cir.) (official capacity claim
only) (Niemeyer (MD), Quattlebaum (SC), and
Shedd (SC) (senior), JJ.).
OPINION: In re Trump (DC & MD v. Trump),
[App.] No. 18-2486, 2019 WL 2997909, 2019 U.S. App. LEXIS 20418, 928 F.3d 360 (4th
Cir. July 10, 2019) (Niemeyer, J.), ECF No. 57, <http://www.ca4.uscourts.gov/Opinions/182486.P.pdf>.
[Plaintiffs’] Petition for Panel Rehearing or Rehearing En Banc, In re Donald J. Trump, President of the United States of America, in his official capacity, [App.] No. 18-2486 (4th Cir. Aug. 26, 2019), ECF No. 59, 2019 WL 4015672, <https://assets.documentcloud.org/documents/6346726/8-26-19-DC-MD-Petition-Rehearing-en-Banc.pdf>.
Brief of Amici Curiae Administrative Law,
Constitutional Law, and Federal Courts Scholars in Support of Respondents’
Petition for Panel Rehearing or Rehearing En Banc, In Re Donald J. Trump (DC
& MD v. Trump), in his official capacity, [App.] No. 18-2486 (4th Cir.
Sept. 3, 2019) (en banc filing), ECF No. 62, ECF No. 64 (redocketed), 2019 WL
4195399, <>.
[DOJ] Opposition to Petition for Panel Rehearing or
Rehearing En Banc, In re Donald J. Trump, in his official capacity as President
of the United States of America, [App.] No. 18-2486 (4th Cir. Sept. 9, 2019)
(en banc filing), ECF No. 67, 2019
WL 4412012, <>.
Petitioners'-Plaintiffs' 28(j) Letter, App. No. 18-2486 (4th Cir. Sept. 13, 2019) (en banc filing), ECF No. 60-1.
DOJ Response to Petitioners' 28(j) Letter, App. No. 18-2486 (4th Cir. Sept. 16, 2019) (en banc filing), ECF No. 71[???].
Order, In re Trump (DC & MD v. Trump), [App.] No. 18-2486, 2019 WL 5212216, 2019 U.S. App. LEXIS __ (4th Cir. Oct. 15, 2019) (en banc), ECF No. 72 (granting plaintiffs' petition for en banc review in regard to official capacity claim), , <https://ij.org/wp-content/uploads/2019/10/emolument-en-banc-order.pdf>.
Merits and Amici briefing for en banc review.
Amicus Brief of Scholar Seth
Barrett Tillman and the Judicial Education Project in Support of
Respondent-Defendant, In re Donald J. Trump, President of the United States, in
his official capacity, App. No. 18-2486 (4th Cir. Oct. 21, 2019) (en banc proceedings) (filed by Josh Blackman et al.), ECF No. __, <https://ssrn.com/abstract=3450000> (per court order, we refiled the brief we had sent to the original panel).
Other refiled brief(s) in 18-2486:
[1] Commonwealth of Virginia;
[2] Admin Law, Con Law, Fed Courts Scholars;
[3] Legal Historians; and,
[4] Egbert/Cunningham.
Order, App. No. 18-2486 (4th Cir. Oct. 24, 2019) (en banc) (parties' supplemental briefs due dates).
Opinion (4th Cir. forth. 2019-2020)
Other refiled brief(s) in 18-2486:
[1] Commonwealth of Virginia;
[2] Admin Law, Con Law, Fed Courts Scholars;
[3] Legal Historians; and,
[4] Egbert/Cunningham.
Order, App. No. 18-2486 (4th Cir. Oct. 24, 2019) (en banc) (parties' supplemental briefs due dates).
[DOJ’s]
Supplemental Brief for Petitioner, In re Donald J. Trump, in his official
capacity as President of the United States, App. No. 18-2486 (4th Cir. Nov. 14,
2019) (en banc) (official capacity brief), ECF No. __,
Supplemental
Brief of Respondents/Appellees, DC & MD v. Trump, App. Nos. 18-2486 & 18-2488
(4th Cir. Nov. 14, 2019) (en banc) (official capacity brief), ECF No. __, 2019 WL 6125038.
Oral argument: forth. Thursday, December 12, 2019.
Motion of Scholar Seth Barrett
Tillman and the Judicial Education Project for Appointment As Amici Curiae In
Support of Appellant, or in the Alternative, Motion For Leave To Participate at
En Banc Oral Argument, In re Donald J. Trump, App. No. 18-2486 (4th Cir. Nov. 21, 2019) (en banc) (filed by
Josh Blackman et al.), ECF No. 93, 2019
WL 6210425, <https://ssrn.com/abstract=3484767>.
Order,
DC & MD v. Trump, No. 18-2488 (4th Cir. Nov. 21, 2019) (en banc) (individual
capacity) (ordering all parties to respond by Nov. 26 to Tillman & JEP’s
motion for oral argument).
Government Opposition to Motion for Appointment as
Amici Curiae in Support of Appellant or in the Alternative, Motion for Leave to
Participate at En Banc Oral Argument, In re Trump, App. No. 18-2486 (4th Cir. Nov. 22, 2019)
(en banc) (official capacity claim), ECF No. __, 2019 WL 6280319.
Respondents’/Appellees’
Opposition to Motion for Appointment as Amici
Curiae in Support of Appellant or, in the Alternative, Motion for Leave to
Participate at En Banc Oral Argument, In re Trump, No. 18-2486 & 18-2488 (4th
Cir. Nov. 26, 2019) (en banc) (plaintiffs’ filing), ECF No. __, 2019
WL 6497603,
<>;
Order (4th Cir. Dec. 2, 2019) (denying Tillman/JEP's motion);
Order (4th Cir. Dec. 2, 2019) (denying Tillman/JEP's motion);
Opinion (4th Cir. forth. 2019-2020)
Petition for Writ of Certiorari filed by non-prevailing party before 4th Circuit (forth. 2020).
Opposition to Petition for Writ (forth. 2020).
Reply in support of Petition for Writ (forth. 2020).
ORDER: Supreme Court in regard to petition seeking a writ of certiorari, [file] No. ___, __ U.S. ____ (forth. 2020).
Merits brief on petition filed by non-prevailing party before 4th Circuit (forth. 2020).
Merits brief on petition filed by non-prevailing party before 4th Circuit (forth. 2020).
Opposition brief on petition (forth. 2020).
Reply brief in support of petition (forth. 2020).
Oral argument before Supreme Court (forth. 2020).
OPINION: Supreme Court on the merits, [file] No. ___, __ U.S. ____ (forth. 2020).
--- --- --- ---
DOJ’s
Opp’n Brief (in an official capacity) to Plaintiffs’ Rule 15 motion was not
filed. See Statement of Interest filed Mar. 26, 2018.
Plaintiffs’
Reply Brief to DOJ’s Statement of Interest filed March 29, 2018, ECF No. 104,
and promising a further reply after the President’s personal attorneys file.
Defendant
Trump’s (in an individual capacity) motion to file a brief and participate in
oral argument (filed April 26, 2018), ECF No. 110.
Memorandum
in Support of Motion to Dismiss on Behalf of Defendant in his Individual
Capacity, District of Columbia & State of Maryland v. Donald J. Trump, in
his official capacity as President of the United States and in his individual
capacity, Civ. A. No. 8:17-cv-01596-PJM (D. Md. May 1, 2018) (Messitte, J.)
(filed by Consovoy McCarthy Park PLLC), ECF No. 112-1, 2018 WL 2046401
(motion), 2018 WL 2084199 (memo), 2018 U.S. Dist. Ct. Motions LEXIS 31.
Brief for
Scholar Seth Barrett Tillman and the Judicial Education Project as Amici Curiae
in Support of Neither Party with Respect to Motion to Dismiss on Behalf of
Defendant in his Individual Capacity, District of Columbia & State of
Maryland v. Donald J. Trump, in his official capacity as President of the
United States of America, and in his individual capacity, Civ. A. No. 8:17-cv-01596-PJM
(D. Md. May 8, 2018) (Messitte, J.) (filed by Josh Blackman et al.), ECF No.
114, 2018 WL 2159867, 2018 U.S. Dist. Ct. Motions LEXIS 32, <https://ssrn.com/abstract=3174268>.
Memorandum
of Law in Support of Plaintffs’ Opposition to Motion to Dismiss of Defendant in
his Individual Capacity, District of Columbia & State of Maryland v. Donald
J. Trump, in his official capacity as President of the United States of
America, and in his individual capacity, Civ. A. No. 8:17-cv-01596-PJM (D. Md.
May 18, 2018) (Messitte, J.), ECF No. 117, 2018 WL 2321736, 2018 U.S. Dist. Ct.
Motions LEXIS 47.
Reply
[Brief] in Support of Motion to Dismiss on Behalf of Defendant in his
Individual Capacity, District of Columbia & State of Maryland v. Donald J.
Trump, in his official capacity as President of the United States of America,
and in his individual capacity, Civ. A. No. 8:17-cv-01596-PJM (D. Md. May 25,
2018) (Messitte, J.) (filed by Consovoy McCarthy Park PLLC), ECF No. 118, 2018
WL 2761577, 2018 U.S. Dist. Ct. Motions LEXIS 48.
No oral
argument has been held or scheduled on the Individual Capacity Defendant’s
(Trump’s) motion to dismiss. Nor was the Individual Capacity Defendant
permitted to participate in the oral argument involving the Official Capacity
Defendant’s motion to dismiss.
The
District Court never issued an order or opinion in regard to the Individual
Capacity Def’s motion to dismiss--(now apparently adjourned in light of action
before 4th Circuit).
Plaintiffs’
Notice of Voluntary Dismissal of Donald J. Trump, in his Individual Capacity
Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), DC & MD v. Trump, Civil Action
No. 8:17-cv-01596-PJM (D. Md. Dec. 19, 2018), ECF No. 154 (effectively
Plaintiffs’ Opposition to the Individual Capacity Defendant’s (Trump’s) motion
to stay discovery), 2018 WL 7139518.
Plaintiffs’
Suggestion of Mootness Regarding Defendant’s Stay Motion, DC & MD v. Trump,
Civil Action No. 8:17-cv-01596-PJM (D. Md. Dec. 19, 2018), ECF No. 155, 2018 WL
7139519.
OPINION:
Messitte never adjudicated DOJ’s motion to dismiss on individual capacity
claim.
Notice of
Appeal of Defendant Donald J. Trump, in his individual capacity, DC & MD v.
Trump, No. 8:17-cv-01596-PJM (D. Md. Dec. 14, 2018) (Messitte, J.) (filed by
Consovoy McCarthy Park PLLC), ECF No. 147.
Motion to
Stay Pending Appeal on Behalf of Defendant in his Individual Capacity, DC &
MD v. Trump, Civ. A. No. 8:17-cv-1596-PJM (D. Md. Dec. 14, 2018) (Messitte, J.)
(filed by Consovoy McCarthy Park PLLC), ECF No. 148, 2018 WL 6735437, 2018 U.S.
Dist. Ct. Motions LEXIS 381.
Order, DC & MD v. Trump, No.
8:17-cv-1596-PJM (D. Md. Dec. 14, 2018) (Messitte, J), ECF No. 149 (expedited
briefing schedule on Individual Capacity Defendant’s Motion to Stay).
Order, DC & MD v. Trump, No.
8:17-cv-1596-PJM (D. Md. Dec. 17, 2018) (Messitte, J), ECF No. 150 (expedited
briefing schedule to address dismissal without prejudice).
Notice
(from the President in his official capacity), DC & MD v. Trump, No.
8:17-cv-1596-PJM (D. Md. Dec. 17, 2018) (Messitte, J), ECF No. 151 (filed by
DOJ) (notifying the court that a mandamus petition will be filed with the
Fourth Circuit shortly); ECF No. 151-1 (proposed mandamus petition filed as an
appendix).
Plaintiffs’
Notice of Voluntary Dismissal of Donald J. Trump, in his Individual Capacity
Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), DC & MD v. Trump, Civil Action
No. 8:17-cv-01596-PJM (D. Md. Dec. 19, 2018), ECF No. 154 (effectively
Plaintiffs’ Opposition to the Individual Capacity Defendant’s (Trump’s) motion
to stay discovery), 2018 WL 7139518
Plaintiffs’
Suggestion of Mootness Regarding Defendant’s Stay Motion, DC & MD v. Trump,
Civil Action No. 8:17-cv-01596-PJM (D. Md. Dec. 19, 2018), ECF No. 155, 2018 WL
7139519.
Reply in
Support of Motion to Stay Pending Appeal on Behalf of Defendant [Trump] in his
Individual Capacity, DC & MD v. Trump, Civ. A. No. 8:17-cv-1596-PJM (D. Md.
Dec. 21, 2018) (Messitte, J.), ECF No. 158, 2018 WL 6839634, 2018 U.S. Dist.
Ct. Motions LEXIS 1140.
Order,
ECF No. 162 (Apr. 11, 2019) (dismissing as moot the Individual Capacity
Defendant’s motion to stay discovery pending appeal, ECF No. 148). [Note: Judge
Messitte decided this motion after the Fourth Circuit held oral argument on the
appeal of the Individual Capacity Defendant’s case.]
OPINION:
Messitte never adjudicated DOJ’s motion to dismiss on individual capacity
claim.
[Individual-Capacity-Defendant’s-Appellant’s]
Motion to Consolidate [with App. No. 18-2486], App. No. 18-2488, DC & MD v.
Trump (4th Cir. Dec. 28, 2018), 2018 WL 6839636.
[Plaintffs’-Appellees’]
District of Columbia and Maryland’s Opposition to Motion to Consolidate [with
App. No. 18-2486], App. No. 18-2488, DC & MD v. Trump (4th Cir. Jan. 4,
2019), 2019 WL 355579.
Order,
Jan. 10, 2019, motion to consolidate denied.
[Plaintiffs’-Appellees’]
Docketing Statement Objection, App. No. 18-2488, DC & MD v. Trump (4th Cir.
Jan. 7, 2019).
[Plaintiffs’-Appellees’]
Motion to Dismiss the [Individual Capacity] Appeal, App. No. 18-2488, DC &
MD v. Trump (4th Cir. Jan. 4, 2019), 2019 WL 411727, 2019 U.S. 4th Cir. Motions
LEXIS 1.
[Individual
Capacity Defendant’s-Appellant’s] Opposition to Appellees’ Motion to Dismiss
Appeal, DC & MD v. Trump, App. No. 18-2488 (4th Cir. Jan. 14, 2019), 2019 WL
225431, 2019 U.S. 4th Cir. Motions LEXIS 2.
[Plaintiffs’-Appellees’]
Reply in Support of Motion to Dismiss the [Individual Capacity] Appeal, DC
& MD v. Trump, App. No. 18-2488 (4th Cir. Jan. 22, 2019), ECF No. 24, 2019
WL 359540, 2019 U.S. 4th Cir. Motions LEXIS 3.
Order,
Jan. 10, 2019, motion to dismiss the appeal, functionally denied, as decision
is deferred until oral argument.
Order,
Jan. 10, 2019: new briefing schedule.
Appellant’s
[Defendant’s] Opening Brief, DC & MD v. Trump, App. No. 18-2488 (4th Cir.
Jan. 24, 2019) (individual capacity claim only), Dkt. No. 26, 2019 U.S. 4th
Cir. Briefs LEXIS 1, 2019 WL 359541.
Amicus
Brief of Scholar Seth Barrett Tillman and the Judicial Education Project in
Support of Defendant-Appellant, District of Columbia and State of Maryland v.
Donald J. Trump, in his individual capacity, App. No. 18-2488 (4th Cir. Jan.
31, 2019) (filed by Josh Blackman et al.), ECF No. 31-1, 2019 WL 411728, 2019
U.S. 4th Cir. Briefs LEXIS 3, <https://ssrn.com/abstract=3314702>
(individual capacity) (discussing OIG Report).
Brief of
Appellees, DC & MD v. Trump, in his individual capacity, App. No. 18-2488
(4th Cir. Feb. 14, 2019), Doc. No. 38, 2019 WL 646159, 2019 U.S. 4th Cir.
Briefs LEXIS 11.
Amicus
Brief of Former Government Ethics Officials Don Fox, Marilyn Glynn, Karen
Kucik, Lawrence D. Reynolds, Amy Comstock Rick, Trip Rothschild, Richard M.
Thomas, Harvey Wilcox, and Leslie Wilcox Supporting Appellees and Affirmance,
DC & MD v. Trump, App. No. 18-2488 (4th Cir. Feb. 13, 2019) (individual
capacity claim only), Doc. No. 36-1, 2019 WL 654727, 2019 U.S. 4th Cir. Briefs
LEXIS 12 (filed 8 days ahead of deadline).
Appellant’s
Reply Brief at 24, DC & MD v. Trump, in his individual capacity, App. No.
18-2488 (4th Cir. Feb. 21, 2019), Doc. No. 41, 2019 WL 913479, 2019, 2019 U.S.
4th Cir. Briefs LEXIS 14 (citing Tillman’s 4th Circuit individual capacity
amicus brief).
Motion of
Amici Curiae Scholar Seth Barrett Tillman and the Judicial Education Project
For Leave to Participate in Oral Arguments, In re Donald J. Trump, and DC &
MD v. Trump, App. Nos. [18-2486], 18-2488 (4th Cir. Feb. 27, 2019), ECF No. 43,
2019 WL 979106, 2019 LEXIS __, <https://ssrn.com/abstract=3340961>,
(individual capacity only) (subsequently DENIED).
Oral
Argument will be on March 19, 2019, 9:30 AM (4th Cir.) (individual capacity
claim only) (Niemeyer (MD), Quattlebaum (SC),
and Shedd (SC) (senior), JJ.) App. No. 18-2488.
Case
calendared on Jan. 28, 2019 for oral argument: March 19, 2019, 9:30 AM, App.
No. 18-2488 (individual capacity claim).
OPINION: DC & MD v. Trump (individual capacity
appeal), [App.] No. 18-2488, 2019 WL 2998602, 2019
U.S. App. LEXIS 20416, 930 F.3d 209 (4th Cir. July 10, 2019) (Niemeyer,
J.), ECF No. 48, <http://www.ca4.uscourts.gov/Opinions/182488.P.pdf>.
Petition for Panel Rehearing or Rehearing En Banc, DC
& MD v Trump, in his individual capacity, [App.] No. 18-2488 (4th Cir. Aug.
26, 2019), ECF No. 50, 2019 WL 4038140.
Brief of Amici Curiae Administrative Law,
Constitutional Law, and Federal Courts Scholars in Support of Respondents’
Petition for Panel Rehearing or Rehearing En Banc, DC & MD v. Trump, in his
individual capacity, [App.] No. 18-2488 (4th Cir. Sept. 3, 2019) (en banc
filing), ECF No. 54, ECF No. 56 (redocketed), 2019 WL 4195400, <>.
[Trump’s] Opposition to Petition for Panel Rehearing
or Rehearing En Banc, DC & MD v. Donald J. Trump, in his individual
capacity, [App.] No. 18-2488 (4th Cir. Sept. 9, 2019) (en banc filing), ECF No.
58, 2019 WL 4412013, <>;
Petitioners'-Plaintiffs' 28(j) Letter, App. No. 18-2488 (4th Cir. Sept. 13, 2019) (en banc filing), ECF No. 69-1.
Order, DC & MD v. Trump (individual capacity appeal), [App.] No. 18-2488, 2019 WL 5212218, 2019 U.S. App. LEXIS __ (4th Cir. Oct. 15, 2019) (en banc), ECF No. 61 (granting plaintiffs' petition for en banc review in regard to individual capacity claim), <>.
Merits and Amici briefing for en banc review.
Amicus Brief of Scholar Seth
Barrett Tillman and the Judicial Education Project in Support of
Respondent-Defendant, DC & MD v. Trump, President of the United States, in
his individual capacity, App. No. 18-2488 (4th Cir. Oct. 21, 2019) (en
banc proceedings) (filed by Josh Blackman et al.), ECF No. __, <https://ssrn.com/abstract=3450003> (per court order, we refiled the brief we had sent to the original panel).
Other refiled brief(s) in 18-2488: Former Gov't Ethics Officers.
Order, App. No. 18-2488 (4th Cir. Oct. 24, 2019) (en banc) (parties' supplemental briefs due dates).
Other refiled brief(s) in 18-2488: Former Gov't Ethics Officers.
Order, App. No. 18-2488 (4th Cir. Oct. 24, 2019) (en banc) (parties' supplemental briefs due dates).
[Trump's] Appellant’s
Supplemental Brief, DC & MD v. Donald J. Trump, President of the United
States of America, in his official and his individual capacity, App. No.
18-2488 (4th Cir. Nov. 14, 2019) (en banc) (individual capacity brief), ECF No. __, 2019 WL 6125039.
Supplemental
Brief of Respondents/Appellees, DC & MD v. Trump, App. Nos. 18-2486 & 18-2488
(4th Cir. Nov. 14, 2019) (en banc) (individual capacity brief), ECF No. __, 2019 WL 6125038.
Motion of Scholar Seth Barrett Tillman and the Judicial Education Project for Appointment As Amici Curiae In Support of Appellant, or in the Alternative, Motion For Leave To Participate at En Banc Oral Argument, DC & MD v. Trump, App. No. 18-2488 (4th Cir. Nov. 21, 2019) (en banc) (filed by Josh Blackman et al.), ECF No. 75, 2019 WL 6210426, <https://ssrn.com/abstract=3484769>.
Motion of Scholar Seth Barrett Tillman and the Judicial Education Project for Appointment As Amici Curiae In Support of Appellant, or in the Alternative, Motion For Leave To Participate at En Banc Oral Argument, DC & MD v. Trump, App. No. 18-2488 (4th Cir. Nov. 21, 2019) (en banc) (filed by Josh Blackman et al.), ECF No. 75, 2019 WL 6210426, <https://ssrn.com/abstract=3484769>.
Order,
DC & MD v. Trump, No. 18-2488 (4th Cir. Nov. 21, 2019) (en banc) (individual
capacity) (ordering all parties to respond by Nov. 26 to Tillman & JEP’s
motion for oral argument);
Appellant’s Response to Motion for Appointment as Amici Curiae or Leave to Participate at Oral Argument, DC & MD v. Trump, No. 18-2488 (4th Cir. Nov. 25, 2019) (en banc) (individual capacity action defendant’s filing), ECF No. __, 2019 WL 6341323, <>;
Appellant’s Response to Motion for Appointment as Amici Curiae or Leave to Participate at Oral Argument, DC & MD v. Trump, No. 18-2488 (4th Cir. Nov. 25, 2019) (en banc) (individual capacity action defendant’s filing), ECF No. __, 2019 WL 6341323, <>;
Respondents’/Appellees’
Opposition to Motion for Appointment as Amici
Curiae in Support of Appellant or, in the Alternative, Motion for Leave to
Participate at En Banc Oral Argument, In re Trump, No. 18-2486 & 18-2488 (4th
Cir. Nov. 26, 2019) (en banc) (plaintiffs’ filing), ECF No. __, 2019
WL 6497603,
<>;
Order (4th Cir. Dec. 2, 2019) (denying Tillman/JEP's motion);
Order (4th Cir. Dec. 2, 2019) (denying Tillman/JEP's motion);
Oral argument: forth. Thursday, December 12, 2019.
Opinion (4th Cir. forth. 2019-2020)
Petition for Writ of Certiorari filed by non-prevailing party before 4th Circuit (forth. 2020).
Opposition to Petition for Writ (forth. 2020).
Reply in support of Petition for Writ (forth. 2020).
ORDER: Supreme Court in regard to petition seeking a writ of certiorari, [file] No. ___, __ U.S. ____ (forth. 2020).
Merits brief on petition filed by non-prevailing party before 4th Circuit (forth. 2020).
Merits brief on petition filed by non-prevailing party before 4th Circuit (forth. 2020).
Opposition brief on petition (forth. 2020).
Reply brief in support of petition (forth. 2020).
Oral argument before Supreme Court (forth. 2020).
OPINION: Supreme Court on the merits, [file] No. ___, __ U.S. ____ (forth. 2020).
--- --- --- ---
Unfair Competition Case Against Trump-related commercial entities:
K&D, LLC v. Trump Old Post Office, LLC & Donald J. Trump, Civ. A. No.
17-731 (RJL), 2018 WL 6173449, 2018 U.S. Dist. LEXIS 199675 (D.D.C. Nov. 26, 2018) (Leon, J.) (dismissing plaintiff’s unfair competition
action), <https://assets.documentcloud.org/documents/5280591/11-26-18-Cork-Trump-Opinion.pdf>, appeal filed App. No. 18-7185 (Dec. 11,
2018).
Twitter
Litigation:
Knight
First Amendment Inst. at Columbia Univ. v. Trump, Civ. A. No. 17-cv-5205 (NRB),
2018 WL 2327290, 2018 U.S. Dist. LEXIS 87432, 302
F. Supp. 3d 541 (S.D.N.Y. May 23, 2018) (Buchwald, J.), <https://knightcolumbia.org/sites/default/files/content/Cases/Wikimedia/2018.05.23%20Order%20on%20motions%20for%20summary%20judgment.pdf>,
aff’d App. No. 18‐1691‐cv, 2019 WL 2932440, 2019 U.S. App. LEXIS 20265, 928 F.3d 226 (2d Cir. July
9, 2019), <https://tinyurl.com/yy9l2yj4>;
DNC case against Trump campaign:
Democratic National Committee v. The Russian Federation, Civ. A. No. 18-cv-3501 (JGK), 392 F. Supp. 3d 410 (S.D.N.Y. July 30, 2019) (Koeltl, J.) (dismissing action), <https://assets.documentcloud.org/documents/6226327/7-30-19-DNC-v-Russian-Federation-Opinion.pdf>.
DNC case against Trump campaign:
Democratic National Committee v. The Russian Federation, Civ. A. No. 18-cv-3501 (JGK), 392 F. Supp. 3d 410 (S.D.N.Y. July 30, 2019) (Koeltl, J.) (dismissing action), <https://assets.documentcloud.org/documents/6226327/7-30-19-DNC-v-Russian-Federation-Opinion.pdf>.
Mueller
Investigation
Seth
Barrett Tillman & Josh Blackman, Is Robert Mueller an “Officer of the
United States” or an “Employee of the United States”?, Lawfare: Hard
National Security Choices (July 23, 2018, 2:50 PM), <https://tinyurl.com/y9kmvn46>, <http://ssrn.com/abstract=3214158>.
Petition
for Panel Rehearing and Rehearing En Banc with Suggestion of Mootness at
8 n.6, In re Grand Jury Investigation, Andrew Miller v. United States of
America, App. No. 18-3052 (D.C. Cir. Apr. 12, 2019) (filed by Paul D. Kamenar,
Esq.) (citing Tillman & Blackman’s Lawfare publication), 2019 WL
1597037, Trans. ID# 1782753, <https://www.documentcloud.org/documents/5838530-Appellate-filing-in-Andrew-Miller-challenge-to.html>,
<https://www.scribd.com/document/406081000/Miller-Petition-for-Rehearing-and-Mootness-18-3052#from_embed>,
<https://nlpc.org/2019/04/12/rehearing-sought-in-constitutional-challenge-to-mueller/>, rehearing en banc denied (Apr. 29, 2019.
Non-litigation
Sources Published after the first filing in CREW v. Trump or otherwise
relevant:
Michael A. Foster, CRS Legislative Attorney, Testimony before Committee on Transportation and Infrastructure, Subcommittee on Economic Development, Public Buildings, and Emergency Management U.S. House of Representatives, Hearing on “Landlord and Tenant: The Trump Administration’s Oversight of the Trump International Hotel Lease” 2 n.14, 4 n.34, 5 n.47, 6 n.51 (Sept. 25, 2019, <https://transportation.house.gov/imo/media/doc/Foster%20Testimony.pdf>.
Michael A. Foster, CRS Legislative Attorney, Testimony before Committee on Transportation and Infrastructure, Subcommittee on Economic Development, Public Buildings, and Emergency Management U.S. House of Representatives, Hearing on “Landlord and Tenant: The Trump Administration’s Oversight of the Trump International Hotel Lease” 2 n.14, 4 n.34, 5 n.47, 6 n.51 (Sept. 25, 2019, <https://transportation.house.gov/imo/media/doc/Foster%20Testimony.pdf>.
Memorandum from Chairman Eliot L. Engel to House Foreign
Affairs Cmt. Majority Staff, Re: Staff Communications with Foreign Governments
and the Foreign Emoluments Clause (Aug. 12, 2019), <https://foreignaffairs.house.gov/_cache/files/a/5/a59f8d09-9704-4fcb-bffb-cea1dca6374e/304763770CA171C84727CD9FF2409FBE.doc014.pdf>;
Letter
from George A. Sorial, Executive Vice President and Chief Compliance Counsel
for the Trump Organization, to Senator Robert Menendez (Apr. 6, 2018), <https://www.foreign.senate.gov/imo/media/doc/Trump%20Org%20response%20to%20RM%20re%20Hotel%20Foreign%20Profits.pdf>;
The Emoluments Clauses of the U.S. Constitution, CRS Report: In Focus,
IF11086, Jan. 30, 2019, <https://fas.org/sgp/crs/misc/IF11086.pdf>; May 1, 2019 update; Aug. 23, 2019 update <https://fas.org/sgp/crs/misc/IF11086.pdf>.
Josh
Blackman & Seth Barrett Tillman, Who was right about the Emoluments
Clauses? Judge Messitte or President Washington?, Volokh Conspiracy (Aug.
3, 2018, 3:17 PM), https://reason.com/volokh/2018/08/03/who-was-right-about-the-emoluments-claus,
https://ssrn.com/abstract=3225939.
Josh
Blackman, Defiance and Surrender, 59 S. Tex. L. Rev. 157 (2018), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3187631.
Seth
Barrett Tillman, The Foreign Emoluments Clause—Where the Bodies are Buried: “Idiosyncratic”
Legal Positions, 59 S. Tex. L. Rev. 237 (2018) (invited symposium
contribution), https://ssrn.com/abstract=3096986.
Josh Blackman & Seth Barrett Tillman, Opinion Editorial, The
‘Resistance’ vs. George Washington, Wall Street Journal, Oct. 15, 2017, at
A17, https://www.wsj.com/articles/the-resistance-vs-george-washington-1508105637,
http://archive.is/QPO2N.
Josh Blackman & Seth Barrett Tillman, Opinion Editorial, Yes, Trump Can Accept Gifts, NY Times, July 13, 2017, http://ssrn.com/abstract=2999976,
http://tinyurl.com/ycqa26bs.
Josh Blackman & Seth Barrett Tillman, The Emoluments Clauses
Litigation, Part 8: There is no cause of action for a suit against the
President in his individual capacity for purported violations of the Emoluments
Clauses, Reason—The Volokh Conspiracy (Feb. 8,
2018, 3:04 PM), http://reason.com/volokh/2018/02/08/the-emoluments-clauses-litigation-part-8.
Josh Blackman & Seth Barrett Tillman, The Emoluments Clauses Litigation,
Part 7: The President’s Acceptance or Receipt of Profits is not “Executive
Action,” Reason—The Volokh Conspiracy (Feb. 7, 2018, 11:26 AM), http://reason.com/volokh/2018/02/07/the-emoluments-clauses-litigation-part-7.
Josh Blackman & Seth Barrett Tillman, The Emoluments Clauses
Litigation, Part 6: Are the Claims Against the President in his Official or
Individual Capacity?, Reason—The Volokh Conspiracy (Feb. 6, 2018, 11:30
AM), http://reason.com/volokh/2018/02/06/the-emoluments-clauses-litigation-part-6.
Josh
Blackman & Seth Barrett Tillman, 5-Part Series, The Emoluments Clauses
Litigation, The Washington Post—Volokh Conspiracy (Sept. 25–Oct. 1, 2017):
Problems
with the Complaints in CREW v. Trump, Part 5–https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/10/01/the-emoluments-clauses-litigation-part-5-problems-with-the-complaints-in-crew-v-trump/?utm_term=.fa9685cda3f6.
An
Emolument is the “profit derived from a discharge of the duties of the office,” Part 4–https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/09/29/the-emoluments-clauses-litigation-part-4-an-emolument-is-the-profit-derived-from-a-discharge-of-the-duties-of-the-office/?utm_term=.1cfd0d5fd6d6.
So what
if the president does not hold ‘Office … under the United States,’? Part 3–https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/09/28/the-emoluments-clauses-litigation-part-3-so-what-if-the-president-does-not-hold-office-under-the-united-states/?utm_term=.847b995fd071.
The
Practices of the early presidents, the first Congress and Alexander Hamilton, Part 2–https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/09/26/the-emoluments-clauses-litigation-part-2-the-practices-of-the-early-presidents-the-first-congress-and-alexander-hamilton/?utm_term=.57a8ae2776f6.
The
Constitution’s taxonomy of officers and offices, Part 1–https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/09/25/the-emoluments-clauses-litigation-part-1-the-constitutions-taxonomy-of-officers-and-offices/?utm_term=.7b840bb24101.
Seth
Barrett Tillman, The Emoluments Clauses Lawsuits’ Weak Link: The Official
Capacity Issue, Yale J. on Reg.: Notice & Comment (Aug. 15, 2017), http://tinyurl.com/y9g2v6xf.
Seth
Barrett Tillman, Room for Debate, Constitutional Restrictions on Foreign
Gifts Don’t Apply to Presidents, The NY Times, Nov. 18, 2016, 10:41 AM, http://tinyurl.com/jpbhom5.
-----
Seth
Barrett Tillman, A Work in Progress: Select Bibliography of Court filings
and Other Sources Regarding the Foreign and Domestic Emoluments Clauses Cases,
New Reform Club (Feb. 28, 2018, 8:59 AM), <https://reformclub.blogspot.com/2018/02/a-work-in-progress-select-bibliography.html>,
<https://tinyurl.com/ybg5dg6u>.
