TRUMP v. THOMPSON

No. 21-5254.

20 F.4th 10 (2021)

Donald J. TRUMP, in his capacity as the 45th President of the United States, Appellant, v. Bennie G. THOMPSON, in his official capacity as Chairman of the United States House Select Committee to Investigate the January 6th Attack on the United States Capitol, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided December 9, 2021.


Attorney(s) appearing for the Case

Jesse R. Binnall and Justin R. Clark argued the cause and filed the briefs for appellant.

Douglas N. Letter , General Counsel, U.S. House of Representatives, argued the cause for appellees Bennie Thompson and the United States House Select Committee to Investigate the January 6th Attack on the United States Capitol. With him on the brief were Todd B. Tatelman , Principal Deputy General Counsel, Stacie M. Fahsel , Associate General Counsel, Eric R. Columbus , Special Litigation Counsel, and Annie L. Owens , Mary B. McCord , and Joseph W. Mead , Institute for Constitutional Advocacy and Protection, Georgetown University Law Center.

Brian M. Boynton , Acting Assistant Attorney General, U.S. Department of Justice, argued the cause for appellee National Archives and Records Administration. With him on the brief were Michael S. Raab and Gerard Sinzdak , Attorneys. Mark R. Freeman , Sarah E. Harrington , and Elizabeth J. Shapiro , Attorneys, entered appearances.

Elizabeth B. Wydra and Brianne J. Gorod were on the brief for amici curiae Former Department of Justice Officials in support of appellees.

Norman L. Eisen was on the brief for amici curiae States United Democracy Center and Former Federal, State, and Local Officials in support of appellees.

Nikhel S. Sus and Conor M. Shaw were on the brief for amici curiae Citizens for Responsibility and Ethics in Washington and Former White House Attorneys in support of appellees.

John A. Freedman , Samuel F. Callahan , and Cameron Kistler were on the brief for amici curiae Former Members of Congress in support of appellees.

Kelly B. McClanahan was on the brief for amici curiae Government Accountability Project, et al. in support of appellees.

Before: MILLETT, WILKINS, and JACKSON, Circuit Judges.


On January 6, 2021, a mob professing support for then-President Trump violently attacked the United States Capitol in an effort to prevent a Joint Session of Congress from certifying the electoral college votes designating Joseph R. Biden the 46th President of the United States. The rampage left multiple people dead, injured...

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