"There are only two ways of telling the complete truth—anonymously and posthumously."Thomas Sowell

Wednesday, February 28, 2018

A Work in Progress: Select Bibliography of Court filings and Other Sources Regarding the Foreign and Domestic Emoluments Clauses Cases

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 32194492018 U.S. 2nd Cir. Briefs LEXIS 11, http://guptawessler.com/emoluments/. 

Oral argument: scheduled for morning of Tuesday, October 30, 2018, with the morning session beginning at 10:00 AM.

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). 


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, DOJ’s DOJ’s Reply Brief, 2017 WL 7542566.



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 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.


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)). 

OPINION: Blumenthal v. Trump, Civ. A. No. 17 Civ. 1154-EGS, 2018 WL 46810012018 U.S. Dist. LEXIS 167411, ___ F. Supp. 3d ____ (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

Unclear: Will there be further briefing on remaining issues: unrelated to standing? Will there be a second oral argument?

OPINION: Blumenthal v. Trump, Civ. A. No. 17 Civ. 1154-EGS, ____ WL _______, ____ U.S. Dist. LEXIS ______, ___ F. Supp. 3d ____ (D.D.C. forth. circa 2018-2019) (Sullivan, J.) (issues other than standing), ECF No. __. 

Notice of Appeal or motion seeking mandamus 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). 

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), 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 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

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, 
at *7, *10–15, 2018 U.S. Dist. LEXIS 124129, 315 F. Supp. 3d 875 (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. TrumpCiv. 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.


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 AppealDC & 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 42761872018 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 44649642018 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 AppealDC & 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: 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). 

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).  

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, ReasonThe 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):






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.

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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.

Tuesday, February 27, 2018

Recent Tillman-authored Publications Posted on the Social Science Research Network


Seth Barrett Tillman, The Foreign Emoluments Clause—Where the Bodies are Buried: “Idiosyncratic” Legal Positions, 59 S. Tex. L. Rev. ____ (forthcoming circa April 2018) (invited symposium contribution), https://ssrn.com/abstract=3096986.  

Seth Barrett Tillman, Presidential Electors and the Brief of the Legal Historians in CREW v. Trump (Feb. 22, 2018), https://ssrn.com/abstract=3128087.  

Seth Barrett Tillman, The Foreign Emoluments Clause, the Teachings of the American Civil War, and a Response to Mike Stern: The Aftermath of the Hamilton Documents Imbroglio (Feb. 21, 2018), https://ssrn.com/abstract=3126689.  

Seth Barrett Tillman, A Response to Professor Victoria F. Nourse’s Reclaiming the Constitutional Text from Originalism: The Case of the Foreign Emoluments Clause (Feb. 18, 2018), https://ssrn.com/abstract=3125806



Seth Barrett Tillman, Recent Tillman-authored Publications Posted on the Social Science Research Network, New Reform Club (Feb. 27, 2018, 4:20 AM), 
https://reformclub.blogspot.com/2018/02/recent-tillman-authored-publications.html