No. 22-5069. Consolidated with 22-7030, 22-7031.

87 F.4th 1 (2023)

James BLASSINGAME and Sidney Hemby, Appellees v. Donald J. TRUMP, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 1, 2023.

Attorney(s) appearing for the Case

Jesse R. Binnall argued the cause for appellant. With him on the briefs were David A. Warrington , Jonathan M. Shaw , and Gary M. Lawkowski .

Joseph M. Sellers argued the cause for appellees. With him on the brief were Brian Corman , Alison S. Deich , Philip Andonian , Patrick A. Malone , Heather J. Kelly , Anna Kathryn Barnes , Matthew Kaiser , Sarah R. Fink , Cameron Kistler , Erica Newland , Kristy Parker , Helen E. White , Genevieve C. Nadeau , and Benjamin L. Berwick .

Elizabeth B. Wydra and Brianne J. Gorod were on the brief for amici curiae Law Professors in support of appellees.

Joshua Matz , Raymond P. Tolentino , Carmen Iguina Gonzalez , and Alysha M. Naik were on the brief for amici curiae Former White House and Department of Justice Officials in support of appellees.

Joseph M. Meyer , Debo P. Adegbile , and Mark C. Fleming were on the brief for amici curiae Former Diplomats and Foreign Policy Officials in support of appellees.

Kathleen R. Hartnett and David S. Louk were on the brief for amicus curiae Jared Holt in support of appellees.

Opinion concurring in part filed by Senior Circuit Judge Rogers.

Since the Supreme Court's decision in Nixon v. Fitzgerald, 457 U.S. 731, 102 S.Ct. 2690, 73 L.Ed.2d 349 (1982), Presidents have carried out their official responsibilities free from any exposure to civil damages liability. Nixon established a President's absolute immunity from...

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