UNITED STATES v. TRUMP

No. 23-3190.

88 F.4th 990 (2023)

UNITED STATES of America, Appellee v. Donald J. TRUMP, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 8, 2023.

Reissued December 20, 2023.


Attorney(s) appearing for the Case

D. John Sauer argued the cause for appellant. With him on the briefs were John F. Lauro , Emil Bove , William O. Scharf , and Michael E. Talent .

Brenna Bird, Attorney General, Office of the Attorney General for the State of Iowa, and Eric H. Wessan, Solicitor General, were on the brief for amici curiae Iowa, et al. in support of appellant.

Gene P. Hamilton and Judd E. Stone, II, were on the brief for amicus curiae America First Legal Foundation in support of appellant.

Dennis Grossman was on the brief for amicus curiae Christian Family Coalition in support of appellant.

Cecil W. VanDevender , Assistant Special Counsel, U.S. Department of Justice, argued the cause for appellee. With him on the brief were J.P. Cooney , Deputy Special Counsel, Raymond N. Hulser , Counselor to the Special Counsel, James I. Pearce and John M. Pellettieri , Assistant Special Counsels, and Molly G. Gaston and Thomas P. Windom , Senior Assistant Special Counsels.

Before: Millett, Pillard, and Garcia, Circuit Judges.


A federal grand jury indicted former President Donald J. Trump for conspiring to overturn the 2020 presidential election through unlawful means and for obstructing the election's certification. Soon thereafter, Mr. Trump posted multiple statements on his social media account attacking potential witnesses in the case, the...

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