PER CURIAM JUDGMENT [2038999] filed that the order of the District Court appealed from in this cause be affirmed, for the reasons in the accompanying opinion . The Clerk is directed to withhold issuance of the mandate through February 12, 2024. If, within that period, Appellant notifies the Clerk in writing that he has filed an application with the Supreme Court for a stay of the mandate pending the filing of a petition for a writ of certiorari, the Clerk is directed to withhold issuance of the mandate pending the Supreme Court’s final disposition of the application. The filing of a petition for rehearing or rehearing en banc will not result in any withholding of the mandate, although the grant of rehearing or rehearing en banc would result in a recall of the mandate if the mandate has already issued. See D.C. Cir. R. 41(a)(4). Before Judges: Henderson, Childs and Pan. [23-3228]
PER CURIAM ORDER [2034873] filed granting motion for leave to file as amicus curiae [2034661-2]. The Clerk is directed to file the lodged brief [2034662-2]. Before Judges: Henderson, Childs and Pan. [23-3228]
NOTICE [2034068] of Filing Corrected Brief of Former Attorney General Edwin Meese III and Law Professors Steven G. Calabresi and Gary S. Lawson as Amici Curiae Supporting Neither Party filed by Edwin A. Meese, III, Steven G. Calabresi and Gary S. Lawson [Service Date: 01/02/2024 ] [23-3228] (Schaerr, Gene)
PER CURIAM ORDER [2033927] filed granting motion of American Oversight for leave to participate as amicus curiae [2033763-2]; The Clerk is directed to file the lodged brief amicus curiae [2033835-2]. Before Judges: Henderson, Childs and Pan. [23-3228]
PER CURIAM ORDER [2033921] filed, on the court’s own motion, that counsel be prepared to address at oral argument on January 9, 2024, any inquiries by the Court regarding discrete issues raised in the briefs filed by amici curiae. Before Judges: Henderson, Childs and Pan. [23-3228]
CORRECTED AMICUS BRIEF [2033906] filed by former Attorney General Edwin Meese III and law professors Steven G. Calabresi and Gary S. Lawson [Service Date: 01/02/2024 ] Length of Brief: 6,497. [23-3228]--[Edited 01/02/2024 by LMF] (Miller, Justin)
FORM 72 submitted by arguing attorney, Dean John Sauer, on behalf of Appellant Donald J. Trump (For Internal Use Only: Form is restricted to protect counsel's personal contact information). [23-3228] (Sauer, Dean)
AMICUS BRIEF [2033813] filed by Former Attorney General Edwin Meese III, and Law Professors Steven G. Calabresi and Gary S. Lawson [Service Date: 12/30/2023 ] Length of Brief: 6,497 Words. [23-3228] (Miller, Justin)
NOTICE [2033812] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Former Attorney General Edwin Meese III and Law Professors Steven Calabresi and Gary Lawson [Service Date: 12/30/2023 ] [23-3228]--[Edited 01/02/2024 by LMF] (Miller, Justin)
FORM 72 submitted by arguing attorney, James I. Pearce, on behalf of Appellee USA (For Internal Use Only: Form is restricted to protect counsel's personal contact information). [23-3228] (Pearce, James)
AMENDED PER CURIAM ORDER [2033790] filed, on the court's own motion, that the court's December 29, 2023 order allocating oral argument time be amended to reflect the followig revised rebuttal time [2033754-4]: Appellant - 20 Minutes, Appellee - 20 Minutes, Rebuttal - 5 Minutes [23-3228]
AMICUS FOR APPELLEE BRIEF [2033784] filed by Bradford A. Berenson, Gregory A. Brower, Tom Campbell, Ty Cobb, Tom Coleman, George T. Conway III, John J. Farmer Jr., Patrick J. Fitzgerald, William Kristol, Philip Allen Lacovara, John McKay, Trevor Potter, Claudine Schneider, Fern M. Smith, Olivia Troy [Service Date: 12/29/2023] Length of Brief: 5,505 Words. [23-3228]--[Edited 01/02/2024 by LMF] (Waxman, Seth)
MOTION [2033763] to participate as amicus curiae [Disclosure Listing: Attached] filed by American Oversight [Service Date: 12/29/2023 ] [23-3228]--[Edited 01/02/2024 by AY] (Jones, R.)
[AMENDED BY ORDER ON 12/29/23] PER CURIAM ORDER [2033754] filed allocating oral argument time as follows: Appellant - 20 Minutes, Appellee - 20, Appellant Rebuttal - 10 Minutes; directing party to file Form 72 notice of arguing attorney by 01/02/2024 [23-3228]
PER CURIAM ORDER [2033287] filed granting motion by former officials in five Republican administrations for leave to participate as amicus curiae in support of appellee [2031174-2]; The Clerk is directed to file the lodged Amicus brief [2031216-2] [23-3228]
PER CURIAM ORDER [2032082] filed scheduling oral argument on Tuesday, 01/09/2024. Before Judges: Henderson*, Childs and Pan. [23-3228] * Judge Henderson would stay any further action by this court until the United States Supreme Court has taken final action on the Government’s Petition for Certiorari before Judgment now pending before it in this case.
ENTRY OF APPEARANCE [2031501] filed by James I. Pearce and co-counsel Thomas P. Windom; Molly G. Gaston on behalf of Appellee USA. [23-3228] (Pearce, James)
PER CURIAM ORDER [2031419] filed expediting this appeal. The following briefing schedule will apply: APPELLANT'S Brief due 12/23/2023. JOINT APPENDIX due 12/23/2023. APPELLEE'S Brief due on 12/30/2023. APPELLANT'S Reply Brief due 01/02/2024. It is FURTHER ORDERED that any oral argument be scheduled before this panel. The parties will be informed later of the date of any oral argument. Before Judges: Henderson, Childs and Pan. [23-3228]
RESPONSE IN OPPOSITION [2031248] to motion to expedite case [2030867-2] filed by Donald J. Trump [Service Date: 12/13/2023 by CM/ECF NDA] Length Certification: 3,049 Words. [23-3228] (Sauer, Dean)
AMICUS FOR APPELLEE BRIEF [2031216] lodged by Donald B. Ayer, John B. Bellinger, III, Richard Bernstein, Barbara Comstock, John C. Danforth, Mickey Edwards, Mr. Charles Fried, Stuart M. Gerson, Esquire, John Giraudo, Peter D. Keisler, Edward J. Larson, Mr. J. Michael Luttig, Carter G. Phillips, Mr. Alan Charles Raul, Paul Rosenzweig, Nicholas Rostow, Robert B. Shanks, Christopher Shays, Michael Shepherd, Larry Thompson, Stanley Twardy, Christine Todd Whitman, Keith E. Whittington and Wendell Willkie, II [Service Date: 12/12/2023 ] Length of Brief: 5,730 words. [23-3228]--[Edited 12/13/2023 by EKC--MODIFIED EVENT FROM FILED TO LODGED] (Bernstein, Richard)
TRANSCRIPT STATUS REPORT [2031187] filed by Donald J. Trump [Service Date: 12/12/2023 ]. Status of Transcripts: Final - No transcripts are needed for the appeal. [23-3228] (Sauer, Dean)
MOTION [2031174] to participate as amicus curiae [Disclosure Listing: Not Applicable to this Party] filed by Former Officials in Five Republican Administrations [Service Date: 12/12/2023 ] [23-3228] (Bernstein, Richard)
LETTER [2031350] received from the Clerk of the Supreme Court of the United States notifying this court of the following activity in the case before it: A petition for writ of certiorari before judgment was filed and placed on the docket on 12/11/2023 as No. 23-624. [23-3228]
PER CURIAM ORDER [2030988] filed directing appellant file a response to the motion to expedite by 10:00 a.m. on Wednesday, December 13, 2023. Any reply is due by 10:00 a.m. on Thursday, December 14, 2023. Before Judges: Henderson, Childs and Pan. [23-3228]
ENTRY OF APPEARANCE [2030634] filed by Dean John Sauer and co-counsel William O. Scharf, Michael E. Talent on behalf of Appellant Donald J. Trump. [23-3228] (Sauer, Dean)
CLERK'S ORDER [2030625] filed directing party to file initial submissions: APPELLANT transcript status report due 12/26/2023. APPELLANT docketing statement due 12/26/2023. APPELLANT entry of appearance due 12/26/2023 [23-3228]
NOTICE OF APPEAL [2030604] seeking review of a decision by the U.S. District Court in 1:23-cr-00257-TSC-1 filed by Donald J. Trump. Appeal assigned USCA Case Number: 23-3228. [23-3228]
Update
Alerts
Jump