Donald Trump v. Bennie Thompson, et al
| Donald J. Trump, in his capacity as the 45th President of the United States |
| 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, David Ferriero, in his official capacity as Archivist of the United States, National Archives and Records Administration, United States House Select Committee to Investigate the January 6th Attack On The United States Capitol and National Archives and Records Administration |
| Citizens for Responsibility and Ethics in Washington, Virginia Canter, Richard Painter, States United Democracy Center, Gregory A. Brower, Steve Bullock, Jack Conway, Frankie Sue Del Papa, John J. Farmer, Jr., Trey Grayson, Jim Hood, Rachel Kleinfeld, Ph.D., Jahna Lindemuth, Patricia Madrid, Tom Rath, Sarah Saldana, Christine Todd Whitman, William F. Weld, Donald B. Ayer, Stuart M. Gerson, Esquire, Peter D. Keisler, Carter Phillips, Trevor Potter, Tom Coleman, Gary Ackerman, Tom Andrews, James Bacchus, Brian Baird, John Barrow, Robert Bauman, Doug Bereuter, Howard Berman, Charles Boustany, Bruce Braley, John Bryant, Lois Capps, Russ Carnahan, Robert Carr, Rod Chandler, Joe Crowley, Carlos Curbelo, Charles K. Djou, Byron Dorgan, Steve Driehaus, Dave Durenberger, Chet Edwards, Donna F. Edwards, Mickey Edwards, David Emery, Vic Fazio, Barney Frank, Martin Frost, Richard Gephardt, Wayne Gilchrest, Jim Greenwood, Deborah Halvorson, Colleen Hanabusa, Gary Hart, Paul Hodes, Elizabeth Holtzman, Bob Inglis, Steve Israel, Steve Kagen, Mary Jo Kilroy, Ron Klein, Jim Kolbe, Mike Kopetski, Larry LaRocco, Martin Lancaster, John LeBoutillier, Jim Leach, Sander Levin, Mel Levine, Paul McCloskey, Jr., James McDermott, Matt McHugh, Brad Miller, Connie Morella, Mike Parker, Tom Perriello, Tim Petri, Earl Pomeroy, Reid Ribble, Edward Scott Rigell, Max Sandlin, Bill Sarpalius, Claudine Schneider, Allyson Schwartz, Chris Shays, David Skaggs, Peter Smith, Alan Steelman, Bart Stupak, David Trott, Jim Turner, Jim Walsh, Henry A. Waxman, Ed Weber, Tim Wirth, David Wu, Louis Fisher, Government Accountability Project, Government Information Watch, Heidi Kitrosser, National Security Counselors, Mark J. Rozell, Mitchel A. Sollenberger, Gabriel Gigena, The Office of Chief Cornerstone of the Kingdom of Hayah Hawah and James M. Murray |
| 21-5254 |
| November 10, 2021 |
| U.S. Court of Appeals, D.C. Circuit |
| Other Statutory Actions |
Docket Report
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NOTICE [1980256] to withdraw attorney Douglas N. Letter who represented Bennie G. Thompson and United States House Select Committee to Investigate the January 6th Attack on the United States Capitol in 21-5254 filed by United States House Select Committee to Investigate the January 6th Attack on the United States Capitol and Bennie G. Thompson [Service Date: 01/05/2023 ] [21-5254] (Letter, Douglas) [Entered: 01/05/2023 12:35 PM]
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NOTICE [1980249] to withdraw attorney Eric R. Columbus who represented Bennie G. Thompson and United States House Select Committee to Investigate the January 6th Attack on the United States Capitol in 21-5254 filed by United States House Select Committee to Investigate the January 6th Attack on the United States Capitol and Bennie G. Thompson [Service Date: 01/05/2023 ] [21-5254] (Columbus, Eric) [Entered: 01/05/2023 12:19 PM]
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LETTER [1936135] received from the Clerk of the Supreme Court of the United States notifying this court of the following activity in case No. 21-932: The petition for writ of certiorari was denied on 02/22/2022. [21-5254] [Entered: 02/22/2022 04:28 PM]
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NOTICE [1931803] to withdraw attorney Annie Lawrence Owens who represented Bennie G. Thompson and United States House Select Committee to Investigate the January 6th Attack on the United States Capitol in 21-5254 filed by United States House Select Committee to Investigate the January 6th Attack on the United States Capitol and Bennie G. Thompson [Service Date: 01/21/2022 ] [21-5254] (Owens, Annie) [Entered: 01/21/2022 05:05 PM]
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RESPONSE [1931144] to letter [ # 1931117-2 ], letter [ # 1931117-3 ] filed by Donald J. Trump [Service Date: 01/19/2022 by CM/ECF NDA] Length Certification: 476. [21-5254] (Binnall, Jesse) [Entered: 01/19/2022 12:07 AM]
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LETTER [1931158] regarding case status filed by David Ferriero [Service Date: 01/19/2022 ] [21-5254] (Boynton, Brian) [Entered: 01/19/2022 09:24 AM]
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RESPONSE [1931211] to letter status of case [ # 1931158-2 ], letter [ # 1931158-3 ] filed by Donald J. Trump [Service Date: 01/19/2021 by CM/ECF NDA] Length Certification: 273. [21-5254] (Binnall, Jesse) [Entered: 01/19/2022 12:11 PM]
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MANDATE ISSUED to Clerk, U.S. District Court. [21-5254] [Entered: 01/19/2022 07:37 PM]
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LETTER [1931117] regarding case status filed by David Ferriero [Service Date: 01/18/2022 ] [21-5254] (Boynton, Brian) [Entered: 01/18/2022 07:25 PM]
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PER CURIAM ORDER [1928141] filed denying motion of Gabriel Gigena for leave to file out of time a brief as amicus curiae [ # 1927509-2 ]. The Clerk is to note the docket accordingly. Before Judges: Millett, Wilkins and Jackson. [21-5254] [Entered: 12/27/2021 09:10 AM]
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NOTICE [1928051] of Supreme Court Filings filed by Donald J. Trump [Service Date: 12/23/2021] [21-5254] (Binnall, Jesse) [Entered: 12/23/2021 02:53 PM]
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LETTER [1928270] received from the Clerk of the Supreme Court of the United States notifying this court of the following activity in the case before it: A petition for writ of certiorari was filed and placed on the docket on 12/23/2021 as No. 21-932. [21-5254] [Entered: 12/27/2021 05:36 PM]
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[LEAVE TO FILE DENIED BY ORDER OF 12/27/2021]--AMICUS FOR APPELLANT BRIEF [1927510] lodged by Gabriel Gigena [Service Date: 12/14/2021 ] Length of Brief: 21 pages. [21-5254] [Entered: 12/21/2021 09:24 AM]
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MOTION [1927509] to participate as amicus curiae [Disclosure Listing: Not Applicable to this Party] filed by Gabriel Gigena [Service Date: 12/14/2021 ] [21-5254] [Entered: 12/21/2021 09:19 AM]
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TRANSCRIPT [1926534] of oral argument [21-5254] [Entered: 12/13/2021 03:06 PM]
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OPINION [1926128] filed (Pages: 68) for the Court by Judge Millett. [21-5254] [Entered: 12/09/2021 04:24 PM]
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PER CURIAM JUDGMENT [1926126] filed that the District Courts denial of the preliminary injunction appealed from in this cause be affirmed, in accordance with the opinion of the court filed herein this date. It is FURTHER ORDERED that this courts administrative injunction entered on November 11, 2021, be dissolved in 14 days from the date of this judgment, reflecting the amount of time the former Presidents counsel requested to file a petition for writ of certiorari and an accompanying motion for an injunction pending review with the Supreme Court. But if such a motion is filed, this courts administrative injunction will dissolve upon the Supreme Courts disposition of that motion. Appellant is directed to notify this court promptly both of any motion filed in the Supreme Court and of the disposition of that motion. The Clerk is directed to withhold issuance of the mandate pending disposition of any motion for injunction filed in the Supreme Court. The administrative injunction will dissolve in 14 days from the date of this judgment if appellant does not seek an injunction pending review from the Supreme Court. The Clerk is directed to issue the mandate immediately after the dissolution of this courts administrative injunction. See Fed. R. App. P. 41(b); D.C. Cir. Rule 41(a)(1). Before Judges: Millett, Wilkins and Jackson. [21-5254] [Entered: 12/09/2021 04:22 PM]
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ORAL ARGUMENT HELD before Judges Millett, Wilkins and Jackson. [21-5254] [Entered: 11/30/2021 01:09 PM]
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FORM 72 submitted by arguing attorney, Jesse R. Binnall, on behalf of Appellant Donald J. Trump (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [21-5254] (Binnall, Jesse) [Entered: 11/29/2021 12:52 PM]
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APPELLANT REPLY BRIEF [1923953] filed by Donald J. Trump [Service Date: 11/14/2021 ] Length of Brief: 5,907. [21-5254] (Binnall, Jesse) [Entered: 11/24/2021 12:00 PM]
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CONSENT AMICUS FOR APPELLEE BRIEF [1923931] filed by Louis Fisher, Government Accountability Project, Government Information Watch, Heidi Kitrosser, National Security Counselors, Mark J. Rozell and Mitchel A. Sollenberger [Service Date: 11/24/2021 ] Length of Brief: 4873 words. [21-5254] (McClanahan, Kelly) [Entered: 11/24/2021 11:02 AM]
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CORRECTED AMICUS FOR APPELLEE BRIEF [1923972] filed by Louis Fisher, Government Accountability Project, Government Information Watch, Heidi Kitrosser, National Security Counselors, Mark J. Rozell and Mitchel A. Sollenberger [Service Date: 11/24/2021 ] Length of Brief: 4873 words. [21-5254] (McClanahan, Kelly) [Entered: 11/24/2021 01:21 PM]
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CORRECTED APPELLANT REPLY BRIEF [1923974] filed by Donald J. Trump [Service Date: 11/24/2021 ] Length of Brief: 5,907. [21-5254] (Binnall, Jesse) [Entered: 11/24/2021 01:41 PM]
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PER CURIAM ORDER [1924015] filed denying the motion of pro se movant James Murray for leave to file a brief amicus curiae [ # 1923786-2 ]. The Clerk is directed to note the docket accordingly. The Clerk is further directed to accept no further submissions from James M. Murray in this case. Before Judges: Millett, Wilkins and Jackson. [21-5254] [Entered: 11/24/2021 03:08 PM]
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PER CURIAM ORDER [1923860] filed regarding oral argument matter. SEE ORDER FOR DETAILS. Before Judges: Millett, Wilkins and Jackson. [21-5254] [Entered: 11/23/2021 04:59 PM]
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CORRECTED APPELLEE BRIEF [1923479] filed by Bennie G. Thompson and United States House Select Committee to Investigate the January 6th Attack on the United States Capitol [Service Date: 11/22/2021 ] Length of Brief: 12,999. [21-5254] (Letter, Douglas) [Entered: 11/22/2021 12:39 PM]
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MOTION [1923786] to participate as amicus curiae [Disclosure Listing: Not Applicable to this Party] filed by James M. Murray [Service Date: 11/15/2021 ] [21-5254] [Entered: 11/23/2021 02:26 PM]
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[LEAVE TO FILE DENIED BY ORDER OF 11/24/2021]--APPENDIX [1923792] LODGED by James M. Murray. [Volumes: 1] [Service Date: 11/15/2021] [21-5254]--[Edited 11/29/2021 by SHA] [Entered: 11/23/2021 02:38 PM]
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APPELLEE BRIEF [1923461] filed by David Ferriero and NARA [Service Date: 11/22/2021 ] Length of Brief: 12,506 words. [21-5254] (Sinzdak, Gerard) [Entered: 11/22/2021 12:01 PM]
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[LEAVE TO FILE DENIED BY ORDER OF 11/24/2021]--AMICUS FOR APPELLEE BRIEF [1923790] LODGED by James M. Murray [Service Date: 11/15/2021 ] Length of Brief: 18 pages. [21-5254]--[Edited 11/29/2021 by SHA] [Entered: 11/23/2021 02:37 PM]
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APPELLEE BRIEF [1923459] filed by Bennie G. Thompson and United States House Select Committee to Investigate the January 6th Attack on the United States Capitol [Service Date: 11/22/2021 ] Length of Brief: 12,999. [21-5254] (Letter, Douglas) [Entered: 11/22/2021 11:57 AM]
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CONSENT AMICUS FOR APPELLEE BRIEF [1923439] filed by CREW, Virginia Canter and Richard Painter (Former White House Attorneys) [Service Date: 11/22/2021 ] Length of Brief: 3401. [21-5254] (Rappaport, Adam) [Entered: 11/22/2021 11:17 AM]
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CONSENT AMICUS FOR APPELLEE BRIEF [1923397] filed by Former Department of Justice Officials [Service Date: 11/22/2021 ] Length of Brief: 6,046 Words. [21-5254]--[Edited 11/22/2021 by LMF] (Gorod, Brianne) [Entered: 11/22/2021 09:41 AM]
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CONSENT AMICUS FOR APPELLEE BRIEF [1923440] filed by States United Democracy Center and former federal, state, and local officials [Service Date: 11/22/2021 ] Length of Brief: 6275 words. [21-5254] (Eisen, Norman) [Entered: 11/22/2021 11:20 AM]
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CONSENT NOTICE [1923396] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Former Department of Justice Officials; Trevor Potter, Carter Phillips, Peter D. Keisler, Stuart M. Gerson, Esquire and Donald B. Ayer [Service Date: 11/22/2021 ] [21-5254]--[Edited 11/22/2021 by LMF] (Gorod, Brianne) [Entered: 11/22/2021 09:37 AM]
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AMENDED AMICUS FOR APPELLEE BRIEF [1923449] filed by Virginia Canter, CREW and Richard Painter [Service Date: 11/22/2021] Length of Brief: 3,401 words. [21-5254]--[Edited 11/22/2021 by SHA-Document Type Modifed by the Clerk's Office] (Sus, Nikhel) [Entered: 11/22/2021 11:37 AM]
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CONSENT AMICUS FOR APPELLEE BRIEF [1923451] filed by Former Members of Congress: Gary Ackerman, Tom Andrews, James Bacchus, Brian Baird, John Barrow, Robert Bauman, Doug Bereuter, Howard Berman, Charles Boustany, Bruce Braley, John Bryant, Lois Capps, Russ Carnahan, Robert Carr, Rod Chandler, Tom Coleman, Joe Crowley, Carlos Curbelo, Charles K. Djou, Byron Dorgan, Steve Driehaus, Dave Durenberger, Ms. Donna F. Edwards, Mickey Edwards, David Emery, Vic Fazio, Barney Frank, Martin Frost, Richard Gephardt, Wayne Gilchrest, Jim Greenwood, Deborah Halvorson, Gary Hart, Paul Hodes, Elizabeth Holtzman, Bob Inglis, Steve Israel, Steve Kagen, Mary Jo Kilroy, Ron Klein, Jim Kolbe, Mike Kopetski, Larry LaRocco, Martin Lancaster, John LeBoutillier, Jim Leach, Sander Levin, Mel Levine, Paul McCloskey, Jr., James McDermott, Matt McHugh, Brad Miller, Mike Parker, Tom Perriello, Tim Petri, Earl Pomeroy, Reid Ribble, Edward Scott Rigell, Max Sandlin, Bill Sarpalius, Allyson Schwartz, David Skaggs, Peter Smith, Alan Steelman, Bart Stupak, David Trott, Jim Turner, Jim Walsh, Henry A. Waxman, Ed Weber, Tim Wirth and David Wu [Service Date: 11/22/2021 ] Length of Brief: 3,992 words. [21-5254]-[Edited 11/22/2021 by LMF] (Callahan, Samuel) [Entered: 11/22/2021 11:47 AM]
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CONSENT NOTICE [1923367] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by William F. Weld, Christine Todd Whitman, Sarah Saldana, Tom Rath, Patricia Madrid, Jahna Lindemuth, Rachel Kleinfeld, Ph.D., Jim Hood, Trey Grayson, John J. Farmer, Jr., Frankie Sue Del Papa, Jack Conway, Steve Bullock, Gregory A. Brower and States United Democracy Center [Service Date: 11/21/2021 ] [21-5254]--[Edited 11/22/2021 by LMF] (Eisen, Norman) [Entered: 11/21/2021 11:55 PM]
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CONSENT NOTICE [1923256] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Citizens for Responsibility and Ethics in Washington, Virginia Canter, Richard Painter [Service Date: 11/19/2021 ] [21-5254] (Sus, Nikhel) [Entered: 11/19/2021 01:42 PM]
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CONSENT NOTICE [1923348] of intention to participate as amicus curiae [Disclosure Listing: Not Applicable to this Party] filed by Former Members of Congress (full list included in Notice) [Service Date: 11/19/2021 ] [21-5254]--[Edited 11/22/2021 by LMF] (Callahan, Samuel) [Entered: 11/19/2021 07:20 PM]
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| ENTRY OF APPEARANCE [1923072] filed by Justin R. Clark and co-counsel Jesse Binall on behalf of Appellant Donald J. Trump. [21-5254] (Clark, Justin) [Entered: 11/18/2021 01:41 PM] |
| APPELLANT BRIEF [1922644] filed by Donald J. Trump [Service Date: 11/16/2021 ] Length of Brief: 9,557. [21-5254] (Binnall, Jesse) [Entered: 11/16/2021 11:56 AM] |
| JOINT APPENDIX [1922646] filed by Donald J. Trump. [Volumes: 1] [Service Date: 11/16/2021 ] [21-5254] (Binnall, Jesse) [Entered: 11/16/2021 12:00 PM] |
| ENTRY OF APPEARANCE [1922305] filed by Justin R. Clark on behalf of Appellant Donald J. Trump. [21-5254] (Binnall, Jesse) [Entered: 11/15/2021 10:12 AM] |
| CONSENT NOTICE [1922321] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Government Accountability Project, Government Information Watch, National Security Counselors, Louis Fisher, Heidi Kitrosser, Mark J. Rozell, and Mitchel A. Sollenberger [Service Date: 11/15/2021 ] [21-5254]--[Edited 11/17/2021 by LMF] (McClanahan, Kelly) [Entered: 11/15/2021 10:42 AM] |
| FORM 72 submitted by arguing attorney, Justin R. Clark, on behalf of Appellant Donald J. Trump (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [21-5254] (Binnall, Jesse) [Entered: 11/15/2021 10:53 AM] |
| FORM 72 submitted by arguing attorney, Brian M. Boynton, on behalf of Appellees David Ferriero and NARA (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [21-5254] (Boynton, Brian) [Entered: 11/14/2021 11:27 AM] |
| PER CURIAM ORDER [1922269] filed allocating oral argument time as follows: Appellant - 20 Minutes, Appellee Bennie Thompson - 10 Minutes, Appellee National Archives and Records Administration - 10 Minutes; directing party to file Form 72 notice of arguing attorney by 11/15/2021 [21-5254] [Entered: 11/13/2021 02:39 PM] |
| FORM 72 submitted by arguing attorney, Douglas N. Letter, on behalf of Appellees Bennie G. Thompson and United States House Select Committee to Investigate the January 6th Attack On The United States Capitol (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [21-5254] (Letter, Douglas) [Entered: 11/13/2021 03:26 PM] |
| ENTRY OF APPEARANCE [1922097] filed by Brian M. Boynton on behalf of Appellees David Ferriero and NARA. [21-5254] (Sinzdak, Gerard) [Entered: 11/12/2021 01:27 PM] |
| EMERGENCY MOTION [1921966] Emergency Motion for Administrative Injunction filed by Donald J. Trump (Service Date: 11/11/2021 by CM/ECF NDA) Length Certification: 2102. [21-5254] (Binnall, Jesse) [Entered: 11/11/2021 11:34 AM] |
| PER CURIAM ORDER [1921975] filed ORDERED that an administrative injunction be entered and appellees the National Archives and Records Administration and the Archivist be enjoined from releasing the records requested by the House Select Committee over which appellant asserts executive privilege, pending further order of this court. It is FURTHER ORDERED that the motion for an expedited briefing schedule, which the court construes as a motion to expedite consideration of the appeal of the district courts order denying the motion for a preliminary injunction, be granted. The following briefing schedule will apply: Appellants Brief November 16, 2021 (12:00 noon); Joint Appendix November 16, 2021 (12:00 noon); Appellees Briefs November 22, 2021 (12:00 noon); Appellants Reply Brief November 24, 2021 (12:00 noon). Oral argument will be held before this panel on November 30, 2021, at 9:30 a.m. Before Judges: Millett, Wilkins and Jackson. [21-5254] [Entered: 11/11/2021 03:57 PM] |
| ENTRY OF APPEARANCE [1921979] filed by Elizabeth J. Shapiro on behalf of Appellees David Ferriero and NARA. [21-5254] (Shapiro, Elizabeth) [Entered: 11/11/2021 04:43 PM] |
| ENTRY OF APPEARANCE [1921982] filed by Sarah E. Harrington and co-counsel Mark R. Freeman on behalf of Appellees David Ferriero and NARA. [21-5254] (Freeman, Mark) [Entered: 11/11/2021 05:44 PM] |
| CLERK'S ORDER [1921734] filed directing party to file initial submissions: APPELLANT docketing statement due 12/10/2021. APPELLANT certificate as to parties due 12/10/2021. APPELLANT statement of issues due 12/10/2021. APPELLANT underlying decision due 12/10/2021. APPELLANT deferred appendix statement due 12/10/2021. APPELLANT entry of appearance due 12/10/2021. APPELLANT transcript status report due 12/10/2021. APPELLANT procedural motions due 12/10/2021. APPELLANT dispositive motions due 12/27/2021; directing party to file initial submissions: APPELLEE certificate as to parties due 12/10/2021. APPELLEE entry of appearance due 12/10/2021. APPELLEE procedural motions due 12/10/2021. APPELLEE dispositive motions due 12/27/2021 [21-5254] [Entered: 11/10/2021 09:03 AM] |
| NOTICE OF APPEAL [1921727] seeking review of a decision by the U.S. District Court in 1:21-cv-02769-TSC filed by Donald J. Trump. Appeal assigned USCA Case Number: 21-5254. [21-5254] [Entered: 11/10/2021 08:12 AM] |
| ENTRY OF APPEARANCE [1921805] filed by Douglas N. Letter and co-counsel Todd B. Tatelman, Eric R. Columbus, Stacie M. Fahsel on behalf of Appellees Bennie G. Thompson and United States House Select Committee to Investigate the January 6th Attack On The United States Capitol. [21-5254] (Letter, Douglas) [Entered: 11/10/2021 11:52 AM] |
| ENTRY OF APPEARANCE [1921916] filed by Gerard Sinzdak and co-counsel Michael S. Raab on behalf of Appellees David Ferriero and NARA. [21-5254] (Sinzdak, Gerard) [Entered: 11/10/2021 04:50 PM] |
| ENTRY OF APPEARANCE [1921949] filed by Jesse R. Binnall on behalf of Appellant Donald J. Trump. [21-5254] (Binnall, Jesse) [Entered: 11/10/2021 05:52 PM] |
| US CIVIL CASE docketed. [21-5254] [Entered: 11/10/2021 08:11 AM] |
| ENTRY OF APPEARANCE [1921867] filed by Douglas N. Letter and co-counsel Annie L. Owens, Mary B. McCord, Joseph W. Mead on behalf of Appellees Bennie G. Thompson and United States House Select Committee to Investigate the January 6th Attack On The United States Capitol. [21-5254] (Owens, Annie) [Entered: 11/10/2021 03:03 PM] |
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