|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|21A272||D.C. Cir.||Not Argued||Jan 20, 2022||8-1||N/A||OT 2021|
Issue: Whether the Supreme Court should issue a stay of the decision of the U.S. Court of Appeals for the District of Columbia Circuit, which denied former President Donald Trump's request to block the release of records relating to the Jan. 6 Capitol riot, while the Supreme Court considers Trump's petition for review.
Judgment: Application denied on January 20, 2022. Justice Kavanaugh filed a concurring opinion. Justice Thomas would grant the application.
|Date||Proceedings and Orders |
|Dec 23 2021||Application (21A272) for a stay of mandate and injunction pending review, submitted to The Chief Justice.|
|Dec 29 2021||Motion for leave to file amicus curiae brief filed by Former Executive Branch Lawyers.|
|Dec 30 2021||Response to application from Executive Branch Respondents filed.|
|Dec 30 2021||Response to application from respondents Bennie G. Thompson and the House of Representatives Select Committee to Investigate the January 6th Attack on the United States Capitol filed.|
|Jan 13 2022||Reply of applicant Donald J. Trump filed.|
|Jan 19 2022||Application (21A272) referred to the Court.|
|Jan 19 2022||The application for stay of mandate and injunction pending review presented to The Chief Justice and by him referred to the Court is denied. The questions whether and in what circumstances a former President may obtain a court order preventing disclosure of privileged records from his tenure in office, in the face of a determination by the incumbent President to waive the privilege, are unprecedented and raise serious and substantial concerns. The Court of Appeals, however, had no occasion to decide these questions because it analyzed and rejected President Trump’s privilege claims “under any of the tests [he] advocated,” Trump v. Thompson, 20 F. 4th 10, 33 (CADC 2021), without regard to his status as a former President, id., at 40–46. Because the Court of Appeals concluded that President Trump’s claims would have failed even if he were the incumbent, his status as a former President necessarily made no difference to the court’s decision. Id., at 33 (noting no “need [to] conclusively resolve whether and to what extent a court,” at a former President’s behest, may “second guess the sitting President’s” decision to release privileged documents); see also id., at 17 n. 2. Any discussion of the Court of Appeals concerning President Trump’s status as a former President must therefore be regarded as nonbinding dicta. Justice Thomas would grant the application. Statement of Justice Kavanaugh respecting denial of application. (Detached opinion)|