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)).
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, 2019). 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.
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 as Amici Curiae in Support of Plaintiffs-Appellants, CREW v.
Trump, 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/.
No specific date has been set for oral argument. Apparently, it will be held during the week of October 29, 2018.
OPINION: 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, 2018 WL _______, 2018 CA2 LEXIS ___, --- F.3d ---- (2d Cir. forth. circa 2018-2019), ECF No. __.
Petition for Writ of Certiorari filed by non-prevailing party in 2d Cir. (filed forth. circa 2018-2019).
Petition for Writ of Certiorari filed by non-prevailing party in 2d Cir. (filed forth. circa 2018-2019).
Blumenthal
v. Trump (DDC,
and in the future DC Circuit)
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.
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
DOJ’s Reply Brief, 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.
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, 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.
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. April 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. April 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)).
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 Civ.
1154-EGS, 2018 WL _______, 2018 LEXIS __, --- F. Supp. 3d ---- (D.D.C. forth. circa July-Aug. 2018) (Sullivan,
J.), ECF No. __.
Notice of Appeal filed by non-prevailing party in DDC (filed forth. circa 2018-2019).
Notice of Appeal filed by non-prevailing party in DDC (filed forth. circa 2018-2019).
OPINION: Blumenthal v. Trump, No. ___, 2018 WL _______, 2018
LEXIS ___, --- F.3d ---- (D.C. Cir. filed forth. circa 2019-2020), ECF No. __.
Petition for Writ of Certiorari filed by non-prevailing party in D.C. Cir. (filed forth. circa 2019-2020).
Petition for Writ of Certiorari filed by non-prevailing party in D.C. Cir. (filed forth. circa 2019-2020).
DC &
MD v. Trump (D. Md.,
and in the future 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, DOJ opp’n brief due circa
March 9, 2018, and plaintiffs' reply due circa March 16, 2018).
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.
Corrected
Response of Scholar Seth Barrett Tillman and the Judicial Education Project as Amici
Curiae in Support of the Defendant, 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),
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 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.
Second oral argument on DOJ's motion to dismiss on June 11, 2018, 10 AM.
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, --- F. Supp. 3d ----, at *7, *10–15 (D. Md. July 25, 2018) (Messitte, J.), ECF No. 124 (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), 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."
Defendant's Section 1292(b) Motion and Brief seeking Certification and Interlocutory Appeal, DC & MD v. Trump, Civ. A. No. 8:17-cv-01596-PJM (D. Md. forth. circa Aug. 17, 2018) (Messitte, J.) (filed by DOJ representing the President in his official capacity), ECF No. ___, 2018 WL _______, 2018 U.S. Dist. Ct. Motions LEXIS __.
Plaintiffs' Opp'n to Defendant's Section 1292(b) Motion and Brief seeking Certification and Interlocutory Appeal, DC & MD v. Trump, Civ. A. No. 8:17-cv-01596-PJM (D. Md. forth. circa Sept. 17, 2018) (Messitte, J.), ECF No. ___, 2018 WL _______, 2018 U.S. Dist. Ct. Motions LEXIS __.
Defendant's Section 1292(b) Reply Brief seeking Certification and Interlocutory Appeal, DC & MD v. Trump, Civ. A. No. 8:17-cv-01596-PJM (D. Md. forth. circa Oct. 1, 2018) (Messitte, J.), ECF No. ___, 2018 WL _______, 2018 U.S. Dist. Ct. Motions LEXIS __.
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 _______, 2018 U.S. Dist. LEXIS ______, --- F. Supp. 3d ---- (D. Md. forth. circa 2018-2019) (Messitte, J.), ECF No. ___.
Notice of Appeal filed by non-prevailing party in D. Md. (filed forth. circa 2018-2019).
OPINION: DC & MD v. Trump (official capacity appeal), No. ___, 2018 WL _______, 2018 LEXIS _______, --- F.3d ---- (4th Cir. filed forth. circa 2019-2020), ECF No. __.
Petition for Writ of Certiorari filed by non-prevailing party in 4th Cir. (filed forth. circa 2019-2020).
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.
Third oral argument on Trump's motion to dismiss (regarding individual
capacity claims): to be determined.
OPINION: DC & MD v. Trump, Civ. A. No.
8:17-cv-01596-PJM, 2018 WL _______, 2018 LEXIS __, --- F. Supp. 3d ---- (D. Md.
forth. circa 2018-2019)
(Messitte, J.), ECF No. __ (relating to third oral argument and individual
capacity claims).
Notice of Appeal filed by non-prevailing party in D. Md. (filed forth. circa 2018-2019).
Notice of Appeal filed by non-prevailing party in D. Md. (filed forth. circa 2018-2019).
OPINION: DC & MD v. Trump (individual capacity appeal), No. ___, 2018 WL _______, 2018 LEXIS _______, ---
F.3d ---- (4th Cir. filed forth. circa 2019-2020), ECF No. __.
Petition for Writ of Certiorari filed by non-prevailing party in 4th Cir. (filed forth. circa 2019-2020).
Petition for Writ of Certiorari filed by non-prevailing party in 4th Cir. (filed forth. circa 2019-2020).
Non-litigation
Sources Published after the first filing in CREW v. Trump or otherwise relevant
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’s 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.
