UNITED STATES v. TRUMP

No. 23-3228.

91 F.4th 1173 (2024)

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

United States Court of Appeals, District of Columbia Circuit.

Decided February 6, 2024.


Attorney(s) appearing for the Case

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

Paul M. Dorsey, pro se, was on the brief for amicus curiae Paul M. Dorsey in support of appellant.

Victor Williams, pro se, was on the brief for amicus curiae Law Professor Victor Williams in support of appellant.

James I. Pearce , 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, Michael R. Dreeben and Raymond N. Hulser , Counselors to the Special Counsel, John M. Pellettieri and Cecil W. VanDevender , Assistant Special Counsels, and Molly Gaston and Thomas P. Windom , Senior Assistant Special Counsels.

Richard D. Bernstein was on the brief for amici curiae Former Officials in Five Republican Administrations, et al. in support of appellee.

Fred Wertheimer, Matthew A. Seligman, Seth P. Waxman, Colleen M. Campbell, Nathaniel W. Reisinger, David M. Levine, and Kyle T. Edwards were on the brief for amici curiae Former Government Officials and Constitutional Lawyers in support of appellee.

R. Stanton Jones and Andrew T. Tutt were on the brief for amicus curiae American Oversight in support of dismissal for lack of jurisdiction.

Gene C. Schaerr and Justin A. Miller were on the brief for amici curiae Former Attorney General Edwin Meese III and Law Professors Steven G. Calabresi and Gary S. Lawson in support of neither party.

Before: Henderson, Childs and Pan, Circuit Judges.


Donald J. Trump was elected the 45th President of the United States on November 8, 2016. He was sworn into office at noon on January 20, 2017, and served until his term expired at noon on January 20, 2021. At that moment, President Trump became former President Trump and his successor, Joseph R. Biden, became President and began his own four...

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