by Norman L. Eisen, Ryan Goodman, Siven Watt and Francois Barrilleaux
April 26, 2024
This repository contains a collection of information for researchers, journalists, educators, scholars, and the public at large. This particular repository is part of a much larger collection – the Trump Trials Clearinghouse – which contains similar documents and information related to other criminal and civil trials involving former President Donald Trump.
The repository and other parts of the Trump Trials Clearinghouse will be continually updated. If you think the repository is missing something, please send recommendations for additional content by email to lte@justsecurity.org.
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Relevant Court Proceedings
Charging Instrument
- Indictment of Donald Trump (Aug. 1, 2023)
Filings following December 13 stay of proceedings
- Minute order vacating March 4 trial date and Feb. 9 deadline for written questionnaires to prospective jurors (Feb. 2, 2024)
- Order finding the government not to be in contempt and that "until the [D.C. Cir.] mandate is returned in this case, the parties shall not file any substantive pretrial motions without first seeking leave of court, and any such request for leave shall state whether the proposed motion concerns matters involved in the appeal or is instead ancillary to it" (Jan. 18, 2024)
- Trump reply in support of motion for order to show cause why prosecutors should not be held in contempt for “violating” Chutkan stay order (Jan. 12, 2024)
- Government opposition motion to Trump motion for order to show cause why prosecutors should not be held in contempt for “violating” Chutkan stay order (Jan. 5, 2024)
- Trump opposed motion for order to show cause why prosecutors should not be held in contempt for "violating" Chutkan stay order (Jan. 4, 2024)
- Government motion in limine (Dec. 27, 2023)
- Trump response to government notice of service of its draft exhibit list (Dec. 18, 2023)
- Order granting in part and denying in part Trump motion to stay proceedings pending appeal, staying all “deadlines and proceedings scheduled” in Aug. 28 pretrial order (Dec. 13, 2023)
- Minute Order vacating the March 4, 2024 trial date pending the resolution of the immunity appeal (Feb. 2, 2024)
Motions to Dismiss and Strike (and associated appeals)
U.S. Supreme Court (Presidential Immunity)
Merits Appeal, Case No.: 23-939
Parties Briefs
- Trump reply brief in support of appeal based on presidential immunity (April 15, 2024)
- Government brief in opposition to Trump appeal based on presidential immunity (April 8, 2024)
- Trump merits brief in support of appeal based on presidential immunity (March 19, 2024)
- Trump joint appendix in his appeal based on presidential immunity (March 19, 2024)
Amicus Briefs
- Amicus brief of Retired Four-Star Admirals and Generals, and Former Secretaries of the U.S. Army, Navy, and Air Force in support of government in Trump presidential immunity appeal (April 8, 2024)
- Amicus brief of Puerto Rico House of Representatives submitted in support of government in Trump presidential immunity appeal (e-filed April 8, 2024)
- Amicus brief of scholars of constitutional law in support of government in Trump presidential immunity appeal (April 8, 2024)
- Amicus brief of G. Antaeus B. EdelSohn in support of government in Trump presidential immunity appeal (April 5, 2024)
- Amicus brief of John Danforth, J. Michael Luttig, Barbara Comstock, Carter Phillips, Peter Keisler, Larry Thompson, Stuart Gerson, et al., in support of the government in Trump presidential immunity appeal (April 4, 2024)
- Amicus brief of Gavin M. Wax, New York Young Republican Club Inc., National Constitutional Law Union Inc., and Paul Ingrassia in support of Trump presidential immunity appeal (March 19, 2024)
- Amicus brief of three former senior military officers and executive branch officials in support of Trump presidential immunity appeal (March 19, 2024)
- Amicus brief of Alabama and 17 Other States in support of Trump presidential immunity appeal (March 19, 2024)
- Amicus brief of United States Justice Foundation & Policy Issues Institute, Inc. in support of Trump presidential immunity appeal (March 19, 2024)
- Amicus brief of Coolidge Reagan Foundation and Shaun McCutcheon in support of Trump presidential immunity appeal (March 19, 2024)
- Amicus brief of Christian Family Coalition (CFC) Florida, Inc., a Florida not-for-profit Corporation in support of Trump presidential immunity appeal (March 19, 2024)
- Amicus brief of America's Future, Judicial Action Group, Gun Owners of America, Gun Owners Fdn., Gun Owners of Calif., Tenn. Firearms Assoc., Tenn. Firearms Fdn., U.S. Constitutional Rights Legal Def. Fund, and Conservative Legal Def. and Ed. Fund in support of Trump presidential immunity appeal (March 19, 2024)
- Amicus brief of National Republican Senatorial Committee and Senator Steve Daines in support of Trump presidential immunity appeal (March 19, 2024)
- Amicus brief of Former U.S. Attorney General John D. Ashcroft and Constitutional Coalition in support of neither party in Trump presidential immunity appeal (March 19, 2024)
- Amicus brief of Former White House Chief of Staff Mark R. Meadows in support of neither party in Trump presidential immunity appeal (March 19, 2024)
- Amicus brief of Former Attorneys General Edwin Meese III and Michael B. Mukasey; Law Professors Steven Calabresi and Gary Lawson; and Citizens United in support of Trump presidential immunity appeal (March 19, 2024)
- Amicus brief of Senator Roger Marshall and twenty-xix other Members of Congress in support of Trump presidential immunity appeal (March 19, 2024)
- Amicus brief of David Boyle in support of neither party in Trump presidential immunity appeal (March 19, 2024)
- Amicus brief of States of Ohio, Alaska, and Wyoming in support of Trump presidential immunity appeal (e-filed March 19)
- Amicus brief of The American Center for Law and Justice in support of Trump presidential immunity appeal (e-filed March 19)
- Amicus brief of Kansas Republican Party and 17 other state and territorial Republican parties in support of Trump presidential immunity appeal (e-filed March 19, 2024)
- Amicus brief of Citizen Equal Rights Foundation in support of neither party in Trump presidential immunity appeal (e-filed March 19, 2024)
- Amicus brief of Condemned USA in support of Trump presidential immunity appeal (March 18, 2024)
- Amicus brief of Guardian Defense Fund, Inc. in support of neither party in Trump presidential immunity appeal (e-filed March 18)
- Amicus brief of Matthew D. Wilson in support of Trump presidential immunity appeal (March 12, 2024)
Application for Stay/Petition for Writ of Certiorari, Case No.: 23A745
Parties stay briefs and Order
- Order treating Trump application for a stay as a petition for writ of certiorari, granting that petition, denying the stay application as moot, and setting briefing and oral argument schedule on the following question: “Whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office.” (Feb. 28, 2024)
- Trump reply in support of his application for a stay of the D.C. Cir. mandate (Feb. 15, 2024)
- Government response in opposition to Trump application for a stay of the D.C. Cir. mandate (Feb. 14, 2024)
- Trump counsel letter notifying D.C. Cir. clerk of the application before the U.S. Supreme Court for a stay of the mandate (Feb. 12, 2024)
- Trump application before the U.S. Supreme Court for a stay of the D.C. Cir. mandate pending the filing of a petition for a writ of certiorari and subsequent proceedings on the merits, and as additional relief, a stay of the D.C. Cir. mandate pending the resolution of a petition for en banc consideration in that court, before the filing (if necessary) of his petition for certiorari (Feb. 12, 2024)
Amicus Briefs
- Amicus brief of Former Attorney General Edwin Meese III, Law Professors Steven Calabresi and Gary Lawson, and Citizens United in support of Trump application for a stay of the D.C. Cir. mandate (Feb. 20, 2024)
- Amicus brief of Jeremy Bates in opposition to Trump application for a stay of the D.C. Cir. mandate (Feb. 19, 2024)
- Amicus brief of Christian Family Coalition in support of Trump application for a stay of the D.C. Cir. mandate and seeking resolution of dispositive First Amendment issue (Feb. 19, 2024)
- Amicus brief of Alabama and 21 other states in support of Trump application for a stay of the D.C. Cir. mandate (Feb. 16, 2024)
- Amicus brief of David Boyle in support of neither party (Feb. 15, 2024)
- Amicus brief of Protect Democracy Project opposing Trump application for a stay of the D.C. Cir. mandate (Feb. 14, 2024)
- Amicus brief of Protect Democracy Project opposing Trump application for a stay of the D.C. Cir. mandate (Feb. 13, 2024)
- Amicus brief of Constitutional Law Scholars opposing Trump application for a stay of the D.C. Cir. mandate (Feb. 13, 2024)
- Amicus brief of John Danforth, J. Michael Luttig, Carter Phillips, Peter Keisler, Larry Thompson, Stuart Gerson, et al. opposing Trump application for a stay of the D.C. Cir. mandate (Feb. 13, 2024)
D.C. Circuit, Case No.: 23-3228 (Presidential Immunity & Constitutional Grounds)
- Per curiam order affirming Dec. 1 D.C. District Court decision denying Trump motion to dismiss based on Presidential Immunity and constitutional grounds (Feb. 6, 2024)
- Order giving Trump until Feb. 12 to petition the U.S. Supreme Court for review of Feb. 6 D.C. Cir. order affirming Dec. 1 D.C. District Court decision denying Trump motion to dismiss based on Presidential Immunity and constitutional grounds (Feb. 6, 2024)
- Courtroom minutes of Jan. 9 D.C. Cir. oral argument (Jan. 9, 2024)
- Recording of Jan. 9 oral argument of Trump appeal to D.C. Cir. of Dec. 1 order and opinion denying his motions to dismiss the indictment based on Presidential Immunity and constitutional grounds (Jan. 9, 2024)
- Order granting motion to participate as amicus curiae filed by law professor Victor Williams (Jan. 8, 2024)
- Amicus curiae brief of law professor Victor Williams in support of Trump (Jan. 2, 2024) [e-filed Jan. 5]
- Motion for leave to file as amicus curiae by law professor Victor Williams in support of Trump (Jan. 2, 2024) [e-filed Jan. 5]
- Amicus curiae brief of law professor Victor Williams in support of Trump (Jan. 2, 2024) [e-filed Jan. 5]
- Amicus brief of Paul M. Dorsey supporting Trump and reversal (Jan. 2, 2024) [e-filed Jan. 4]
- Trump reply brief in support of his appeal of Dec. 1 order and opinion denying his motions to dismiss the indictment based on Presidential Immunity and constitutional grounds (Jan. 2, 2024)
- D.C. Cir. order directing that parties prepare to address during Jan. 9 oral argument any inquiries by the Court regarding “discrete issues raised in the briefs filed by amicus curiae.” (Jan. 2, 2024)
- D.C. Cir. order granting Dec. 29 motion to participate as amicus curiae filed by American Oversight (Jan. 2, 2024)
- Corrected brief of Former Attorney General Edwin Meese III and Law Professors Steven Calabresi and Gary Lawson as amici curiae supporting neither party (Jan. 2, 2024)
- Brief of Former Attorney General Edwin Meese III and Law Professors Steven Calabresi and Gary Lawson as amici curiae supporting neither party (Dec. 30, 2023)
- Notice of intention to participate as amici curiae by Former Attorney General Edwin Meese III and Law Professors Steven Calabresi and Gary Lawson (Dec. 30, 2023)
- Government appellee brief in Trump appeal of Dec. 1 order and opinion denying his motions to dismiss the indictment based on Presidential Immunity and constitutional grounds (Dec. 30, 2023)
- D.C. Cir. amended order allotting time in Jan. 9 oral argument (Dec. 29, 2023)
- D.C. Cir. order allotting time in Jan. 9 oral argument (Dec. 29, 2023)
- Brief of former government officials and constitutional lawyers as amici curiae in support of appellee and affirmance (Dec. 29, 2023)
- D.C. Cir. order granting Dec. 12 motion to participate as amicus curiae filed by “former officials in five Republican administrations” in support of the government and affirmance on the issue of Presidential Immunity (Dec. 26, 2023)
- Joint appendix in Trump appeal of Dec. 1 order and opinion denying his motions to dismiss the indictment based on Presidential Immunity and constitutional grounds (Dec. 23, 2023)
- Trump appellant brief in his appeal of Dec. 1 order and opinion denying his motions to dismiss the indictment based on Presidential Immunity and constitutional grounds (Dec. 23, 2023)
- D.C. Cir. scheduling order setting oral arguments for Jan. 9, 2024, at 9:30 AM (Dec. 18, 2023)
- D.C. Cir. order expediting briefing in Trump appeal of Dec. 1 order and opinion denying his motions to dismiss the indictment based on Presidential Immunity and constitutional grounds (Dec. 13, 2023)
- Government reply in support of its motion for expedited appellate review of Trump appeal of Dec. 1 order and opinion denying his motions to dismiss the indictment based on Presidential Immunity and constitutional grounds (Dec. 13, 2023)
- Trump response in opposition to government opposed motion for expedited appellate review of Trump appeal of Dec. 1 order and opinion denying his motions to dismiss the indictment based on Presidential Immunity and constitutional grounds (Dec. 13, 2023)
- D.C. Cir. order directing Dec. 13 response and Dec. 14 reply to government motion for expedited appellate review of Trump appeal of Dec. 1 order and opinion denying his motions to dismiss the indictment based on Presidential Immunity and constitutional grounds (Dec. 11, 2023)
- Government opposed motion for expedited appellate review of Trump appeal of Dec. 1 order and opinion denying his motions to dismiss the indictment based on Presidential Immunity and constitutional grounds (Dec. 11, 2023)
- Clerk order directing party to file initial submissions (transcript status report, docketing statement, entry of appearance) (Dec. 8, 2023)
- Trump notice of appeal to D.C. Cir. of Dec. 1 order and opinion denying his motions to dismiss the indictment based on Presidential Immunity and constitutional grounds (Dec. 8, 2023)
U.S. Supreme Court, Case No.: 23-624 (Presidential Immunity & Constitutional Grounds – petition for writ of certiorari before judgment in the D.C. Cir.)
- U.S. Supreme Court order denying government Dec. 11 petition for a writ of certiorari before judgment (Dec. 22, 2023)
- Government reply brief in support of its petition for writ of certiorari before judgment on the question of Presidential Immunity and double jeopardy (Dec. 21, 2023)
- Trump brief in opposition to government petition for writ of certiorari before judgment on the question of Presidential Immunity and double jeopardy (Dec. 20, 2023)
- Amicus brief of State of Alabama and 18 other states in support of Trump, on the question: “Whether the United States has made an extraordinary showing that this case justifies ‘deviation from normal appellate practice’ and requires ‘immediate determination’ by this Court” (Dec. 20, 2023)
- Amicus brief of Former Attorney General Edwin Meese III and Law Professors Steven G. Calabresi and Gary S. Lawson in support of neither party, on the question: “Whether private citizen Jack Smith lacks authority to represent the United States, which jurisdictional requirement must exist at all stages of litigation, and which cannot be waived, in filing his Petition for a Writ of Certiorari in this Court?” (Dec. 20, 2023)
- Supreme Court order accepting expedited consideration of government petition for a writ of certiorari before judgment, directing Trump to file a response to the petition for writ of certiorari before judgment by Dec. 20, 16:00 PM (Dec. 11, 2023)
- Government motion to expedite briefing on the petition for a writ of certiorari before judgment and for expedited merits briefing if the court grants the petition (Dec. 11, 2023)
- Government petition for writ of certiorari before judgment on the question of Presidential Immunity and double jeopardy (Dec. 11, 2023)
Trial Court
- Order granting in part and denying in part Trump motion to stay proceedings pending appeal, staying all “deadlines and proceedings scheduled” in Aug. 28 pretrial order (Dec. 13, 2023)
- Trump reply in support of his motion to stay proceedings pending appeal of Dec. 1 order and opinion denying his motions to dismiss the indictment based on Presidential Immunity and constitutional grounds (Dec. 12, 2023)
- Government opposition to Trump motion to stay proceedings pending appeal of Dec. 1 order and opinion denying his motions to dismiss the indictment based on Presidential Immunity and constitutional grounds (Dec. 10, 2023)
- Minute order regarding Trump motion to stay pending appeal, scheduling opposition by Dec. 10 and reply in support by Dec. 12 (Dec. 7, 2023)
- Trump opposed motion to stay proceedings pending appeal of Dec. 1 order and opinion denying his motions to dismiss the indictment based on Presidential Immunity and constitutional grounds (Dec. 7, 2023)
- Order denying Trump motions to dismiss the indictment based on Presidential Immunity and constitutional grounds (Dec. 1, 2023)
- Opinion denying Trump motions to dismiss the indictment based on Presidential Immunity and constitutional grounds (Dec. 1, 2023)
- Trump reply in support of motion to dismiss the indictment based on Presidential Immunity (Oct. 26, 2023)
- Government response in opposition to Trump motion to dismiss the indictment based on Presidential Immunity (Oct. 19, 2023)
- Trump motion to dismiss the indictment based on Presidential Immunity (Oct. 5, 2023)
- Minute order denying as moot Trump motion to stay case pending resolution of motion to dismiss the indictment based on Presidential Immunity (Dec. 1, 2023)
- Trump reply in support of motion to stay case pending resolution of motion to dismiss the indictment based on Presidential Immunity (Nov. 15, 2023)
- Government opposition to Trump motion to stay case pending resolution of motion to dismiss the indictment based on Presidential Immunity (Nov. 6, 2023)
- Trump opposed motion to stay case pending resolution of motion to dismiss indictment based on Presidential Immunity (Nov. 1, 2023)
- Order denying Trump Motions to dismiss the indictment based on Presidential Immunity and constitutional grounds (Dec. 1, 2023)
- Trump reply in support of motion to dismiss the indictment based on statutory grounds (Nov. 22, 2023)
- Trump reply in support of motion to dismiss the indictment based on constitutional grounds (Nov. 22, 2023)
- Government omnibus opposition to Trump motions to dismiss the indictment on statutory and constitutional grounds (Nov. 6, 2023)
- Order granting government opposed motion for leave to file oversized omnibus opposition brief to Trump Oct. 23 motions to dismiss based on constitutional and statutory grounds (Nov. 5, 2023)
- Trump response to government motion for leave to file oversized omnibus opposition brief to Trump Oct. 23 motions to dismiss based on constitutional and statutory grounds (Nov. 4, 2023)
- Government opposed motion for leave to file oversized omnibus opposition brief to Trump Oct. 23 motions to dismiss based on constitutional and statutory grounds (Nov. 3, 2023)
- Trump motion to dismiss the indictment based on statutory grounds and memorandum in support (Oct. 23, 2023)
- Trump motion to dismiss the indictment based on constitutional grounds and memorandum in support (Oct. 23, 2023)
- Order granting and denying in part Trump opposed motion for extension of time to file reply briefs in non-immunity motions to dismiss, motion to strike, and motion to stay pending resolution of Presidential Immunity motion, and setting new reply dates (Nov. 13, 2023)
- Government opposition to Trump opposed motion for extension of time to file reply briefs in non-immunity motions to dismiss, motion to strike, and motion to stay pending resolution of Presidential Immunity motion (Nov. 13, 2023)
- Trump opposed motion for extension of time to file reply briefs in non-immunity motions to dismiss, motion to strike, and motion to stay pending resolution of Presidential Immunity motion (Nov. 12, 2023)
- Trump reply in support of motion to dismiss the charges for selective and vindictive prosecution (Nov. 22, 2023)
- Opinion and order denying Trump motion to strike inflammatory allegations from the indictment (Nov. 17, 2023)
- Trump reply in support of motion to strike inflammatory allegations from the indictment (Nov. 15, 2023)
- Government opposition to Trump motion to strike inflammatory allegations from the indictment (Nov. 6, 2023)
- Trump motion to strike inflammatory allegations from the indictment and memorandum in support (Oct. 23, 2023)
Extrajudicial Prejudicial Statements (Gag Order)
D.C. Circuit, Case No.: 23-3190
- Order denying Trump petition for rehearing en banc of D.C. Cir. Dec. 8 judgment holding, but narrowing, Oct. 17 order limiting extrajudicial prejudicial statements (Jan. 23, 2024)
- Order denying Trump petition for panel rehearing and request for administrative stay of D.C. Cir. Dec. 8 judgment holding, but narrowing, Oct. 17 order limiting extrajudicial prejudicial statements (Jan. 23, 2024)
- Government response in opposition to Trump petition for panel rehearing and en banc consideration of D.C. Cir. Dec. 8 judgment upholding, but narrowing, Oct. 17 order limiting extrajudicial prejudicial statements (Dec. 31, 2023)
- Order directing government response by Jan. 5 to Trump petition for panel rehearing and en banc consideration of D.C. Cir. Dec. 8 judgment, and request for administrative stay pending consideration of his petition (Dec . 21, 2023)
- D.C. Cir. unredacted Dec. 8 opinion upholding, but narrowing, Oct. 17 order limiting extrajudicial prejudicial statements (Dec. 20, 2023)
- Order unsealing portions of Dec. 8 opinion upholding, but narrowing, Oct. 17 order limiting extrajudicial prejudicial statements (Dec. 20, 2023)
- Parties joint response stating they “do not oppose unsealing the panel’s opinion without redactions” (Dec. 18, 2023)
- Trump petition for panel rehearing and en banc consideration of D.C. Cir. Dec. 8 judgment, and request for administrative stay pending consideration of his petition (Dec. 18, 2023)
- D.C. Cir. order directing parties to file a joint response by Dec. 18 on whether sealed portions of its Dec. 8 opinion upholding, but narrowing, Oct. 17 order limiting extrajudicial prejudicial statements should remain sealed (Dec. 8, 2023)
- D.C. Cir. judgment upholding, but narrowing, Oct. 17 order limiting extrajudicial prejudicial statements (and accompanying redacted opinion) (Dec. 8, 2023)
- Trump response to Government Rule 28(j) letter to court drawing its attention to a sworn affirmation by an employee of the New York State Unified Court System in the Trump New York civil fraud trial regarding threats posed by his Oct. 3, 2023 social media post (Nov. 24, 2023)
- Courtroom minutes of oral argument in Trump appeal of Oct. 17 order limiting extrajudicial prejudicial statements (Nov. 20, 2023)
- Trump reply brief in his appeal of Oct. 17 order limiting extrajudicial prejudicial statements (Nov. 17, 2023)
- Government supplemental appendix (Nov. 14, 2023).
- Government unopposed motion to file supplemental appendix (Nov. 14, 2023).
- Government answering brief in Trump appeal of Oct. 17 order limiting extrajudicial prejudicial statements (Nov. 14, 2023).
- Joint appendix in Trump appeal of Oct. 17 order limiting extrajudicial prejudicial statements (Nov. 8, 2023)
- Trump appeal brief in his appeal of Oct. 17 order limiting extrajudicial prejudicial statements (Nov. 8, 2023)
- D.C. appeal court order allotting time for oral argument in Trump appeal of Oct. 17 order limiting extrajudicial prejudicial statements, and confirming the appeal panel as Circuit Judges Millett, Pillard, and Garcia (Nov. 7, 2023)
- D.C. appeal court granting administrative stay pending appeal of Oct. 17 order limiting extrajudicial prejudicial statements and setting briefing and oral arguments schedule (Nov. 3, 2023)
- Trump emergency motion to D.C. appeal court for stay of Oct. 17 order limiting extrajudicial prejudicial statements pending appeal and request for temporary administrative stay (Nov. 2, 2023)
Trial Court
- Opinion and order denying Trump Oct. 20 motion to stay Oct. 17 opinion and order pending appeal, and lifting the Oct. 20 administrative stay (Oct. 29, 2023)
- Trump reply in support of Oct. 20 motion for stay of Oct. 17 opinion and order pending appeal (Oct. 28, 2023)
- Government opposition to Trump Oct. 20 motion for stay of Oct. 17 opinion and order pending appeal (Oct. 25, 2023)
- Minute order administratively staying Oct. 17 opinion and order, and setting deadlines for oppositions and replies to Trump motion to for stay pending appeal (Oct. 20, 2023)
- Trump opposed motion for stay pending appeal of Oct. 17 opinion and order, request for temporary administrative stay, and memorandum in support (Oct. 20, 2023)
- Trump notice of appeal of opinion and order on limiting extrajudicial prejudicial statements (Oct. 17, 2023)
- Opinion and order on limiting extrajudicial prejudicial statements (Oct. 17, 2023)
- Minute order directing Oct. 16 hearing on Government motion to limit prejudicial extrajudicial statements (Sept. 29, 2023)
- Government reply in support of opposed motion to limit prejudicial extrajudicial statements (Sept. 29, 2023)
- Trump response in opposition to government motion to limit prejudicial extrajudicial statements (Sept. 25, 2023)
- Government motion to limit prejudicial extrajudicial statements (and proposed text of order) (Sept. 15, 2023)
- Opinion and order granting the government’s motion for leave to file unredacted motion (to limit prejudicial extrajudicial statements) under seal, and to file redacted motion on public docket, and granting in part and denying in part Trump motion for Briefing Schedule (Sept. 15, 2023)
Scheduling and Speedy Trial
- Minute order vacating March 4 trial date and Feb. 9 deadline for written questionnaires to prospective jurors (Feb. 2, 2024)
- Opinion and order on Trump motion to access CIPA Section 4 filings and adjournment CIPA section 5 deadline, and motion for extension of time to file pretrial motions (Oct. 6, 2023)
- Trump reply in support of motion for extension of Oct. 9 deadline to file pretrial motions (Oct. 5, 2023)
- Government opposition motion to Trump motion for extension of Oct. 9 deadline to file pretrial motions (Oct. 2, 2023)
- Trump motion for extension of Oct. 9 deadline to file pretrial motions (Sept. 28, 2023)
- Trump motion for briefing schedule (Sept. 14, 2023)
- Pretrial order setting trial date to March 4, 2024, and scheduling (Aug. 28, 2023)
- Government reply to Trump response in opposition to the government proposed trial calendar (Aug. 21, 2023)
- Government opposed motion for leave to file reply to Trump opposition to government trial calendar (Aug. 21, 2023)
- Trump response in opposition to government proposed trial calendar, instead requesting an April 2026 trial date (Aug. 17, 2023)
- Government response in opposition to Trump motion for exclusion of time under the Speedy Trial Act (Aug. 10, 2023)
- Government response to the Aug. 3 minute order asking for proposed trial date, suggesting Jan. 2, 2024 (Aug. 10, 2023)
- Trump motion for exclusion of time (the 25 days between Aug. 3 and Aug. 28, 2023) from the Speedy Trial Act calculation (Aug. 8, 2023)
Discovery Protective Orders
- Minute order setting opposition and reply schedule to Trump motion to compel (Nov. 28, 2023)
- Trump motion to compel discovery (Nov. 27, 2023)
- Protective order governing discovery and authorizing disclosure of grand jury testimony (Aug. 11, 2023)
- Joint notice in response to Aug. 7 court minute order directing parties to inform the court of availability to attend hearing on government motion for a protective order (Aug. 8, 2023)
- Government reply in support of its motion for a protective order (Aug. 7, 2023)
- Trump response in opposition to government motion for a protective order (Aug. 7, 2023)
- Government response in opposition to Trump motion for extension of time (Aug. 5, 2023)
- Trump motion to revise briefing schedule and set oral argument regarding government motion for a protective order, and proposed order (Aug. 5, 2023)
- Government motion for a protective order, and proposed order (Aug. 4, 2023)
Classified Information Procedures Act (CIPA)
- Government notice of filing “Government’s Motion for CIPA Section 6(a) Hearing” (Dec. 12, 2023)
- Government notice of filing “Government’s Reply in Support of Motion to Strike Defendant’s CIPA Section 5 Notice” (Dec. 4, 2023)
- Trump second CIPA Section 5 notice (Nov. 28, 2023)
- Government notice of filing, through the Classified Information Security Officer, a pleading entitled “Government’s Response to Defendant’s Discovery Objection” (Nov. 22, 2023)
- Minute order granting Trump Nov. 21 unopposed motion for extension of time to file an opposition to the government classified motion to strike Trump CIPA Section 5 notice, setting new opposition deadline as Nov. 27 (Nov. 21, 2023)
- Government notice of filing reply to defendant CIPA § 5 brief (Nov. 9, 2023).
- Order that government complete reply to defendant CIPA § 5 notice brief (Nov. 8, 2023).
- Order directing government to submit, through designated Classified Information Security Officer, a brief on why redactions in certain classified discovery are not discoverable (Nov. 8, 2023)
- Opinion and order granting government Sept. 25 motion for a CIPA Section 4 protective order, and denying Trump motion for access to the government sealed motion (Nov. 1, 2023)
- Trump CIPA Section 5 notice and objection to unauthorized deletions of classified information (Oct. 26, 2023)
- Government opposition to Trump second motion for access to government Sept. 25 CIPA Section 4 filing (Oct. 18, 2023)
- Trump second motion for access to government Sept. 25 CIPA Section 4 filing (Oct. 11, 2023)
- Trump counsel notice of compliance to initiate and complete all security clearance tasks as directed by DOJ’s Litigation Security Group (Oct. 11, 2023)
- Opinion and order on Trump motion to access CIPA Section 4 filings and adjournment CIPA section 5 deadline, and motion for extension of time to file pretrial motions (Oct. 6, 2023)
- Trump reply in support of motion for access to CIPA Section 4 filing and an adjournment of the CIPA Section 5 deadline (Oct. 5, 2023)
- Government opposition to Trump motion for access to government Sept. 25 CIPA Section 4 filing and an adjournment of the CIPA Section 5 deadline (Oct. 2, 2023)
- Trump motion for access to government Sept. 25 CIPA Section 4 notice of filing and adjournment of his CIPA Section 5 deadline (Sept. 27, 2023)
- Cover sheet of government classified ex parte, in camera, and under seal motion for a CIPA Section 4 protective order (Sept. 25, 2023)
- Order granting government unopposed motion for a protective order pursuant to the CIPA (Aug. 22, 2023)
- Government unopposed motion for a protective order pursuant to CIPA (Aug. 22, 2023)
- Government consent motion to appoint a classified information security officer (Aug. 22, 2023)
- Government motion for a pretrial conference pursuant to CIPA (Aug. 10, 2023)
Recusal
- Order and opinion denying Trump motion for recusal of Judge Tanya Chutkan (Sept. 27, 2023)
- Trump reply in support of motion for recusal of Judge Tanya Chutkan (Sept. 17, 2023)
- Government response in opposition to Trump motion for recusal of Judge Tanya Chutkan (Sept. 14, 2023)
- Trump motion for recusal of Judge Tanya Chutkan (Sept. 11, 2023)
Voir Dire and Jurors
- Order granting government motion for fair and protective jury procedures (Nov. 2, 2023)
- Government reply in support of motion for fair and protective jury procedures (and proposed order) (Oct. 25, 2023)
- Trump response to government opposed motion for fair and protective jury procedures (Oct. 20, 2023)
- Minute order setting deadlines for Trump to file opposition to, and Government to file reply in support of, Government motion for fair and protective jury procedures — Oct. 20 and 25, respectively (Oct. 10, 2023)
- Government opposed motion for fair and protective jury procedures (Oct. 10, 2023)
Discovery, Trial Evidence and Witnesses
- Government motion in limine (Dec. 27, 2023)
- Trump response to government notice of service of its draft exhibit list (Dec. 18, 2023)
- Government summary of anticipated expert testimony (Dec. 11, 2023)
- Government opposition to Trump motion for an order regarding the scope of the prosecution team and motion to compel (Dec. 9, 2023)
- Trump redacted motion for an order regarding the scope of the prosecution team (and exhibits) (Nov. 27, 2023) [e-filed Nov. 29]
- Minute order granting Trump motion for leave to file under seal and redacted motion for an order regarding the scope of the prosecution team and its discovery obligations, and ordering redacted version to be publicly filed, and setting opposition and reply schedule (Nov. 28, 2023)
- Trump motion for leave to file under seal and unredacted a motion and exhibits for an order regarding the scope of the prosecution team and its discovery obligations (Nov. 27, 2023)
- Government opposition to Trump motion for an order regarding the scope of the prosecution team and motion to compel (Dec. 9, 2023)
- Minute order setting opposition and reply schedule to Trump motion to compel (Nov. 28, 2023)
- Trump motion to compel discovery (Nov. 27, 2023)
- Government notice pursuant to federal rule of evidence 404(b) (Dec. 5, 2023)
- Opinion and order denying Trump Oct. 11 motion for pretrial Rule 17(c) subpoenas (Nov. 27, 2023)
- Order granting in part and denying in part Trump motion to extend deadlines for motions to compel and for Rule 17(c) subpoenas (Nov. 7, 2023)
- Trump reply in support of motion for extension of Nov. 9 deadline to file Rule 17(c) motions and motions to compel (Nov. 6, 2023)
- Government opposition to Trump motion for extension of Nov. 9 deadline to file Rule 17(c) motions and motions to compel (Nov. 3, 2023)
- Minute order as to oppositions and replies to Trump motion for extension of Nov. 9 deadline to file Rule 17(c) motions and motions to compel (Nov. 2, 2023)
- Trump opposed motion for extension of Nov. 9 deadline to file Rule 17(c) motions and motions to compel (Nov. 1, 2023)
- Trump reply in support of motion for pretrial Rule 17(c) subpoenas (Nov. 1, 2023)
- Government opposition to Trump motion for pretrial Rule 17(c) subpoenas (Oct. 25, 2023)
- Minute order setting deadlines for government opposition to, and Trump reply in support of, Trump motion for pretrial Rules 17(c) subpoenas (Oct. 11, 2023)
- Trump motion for pretrial Rule 17(c) subpoenas and accompanying memorandum of law (Oct. 11, 2023)
Trial Defenses
- Opinion and order directing Trump to provide formal notice of whether he intends to assert advice-of-counsel defense, and, if he does, provide gov’t with the required discovery (Nov. 8, 2023)
- Government reply in support of opposed motion for formal pretrial notice of Trump intent to rely on advice-of-counsel defense (Oct. 25, 2023)
- Trump response in opposition to government opposed motion for formal pretrial notice of Trump intent to rely on advice-of-counsel defense (Oct. 20, 2023)
- Minute order setting deadlines for Trump to file opposition to, and Government to file reply in support of, Government motion for notice of Trump intent to rely on advice-of-counsel defense — Oct. 20 and 25, respectively (Oct. 10, 2023)
- Government opposed motion for formal pretrial notice of Trump intent to rely on advice-of-counsel defense by Dec. 18 (and proposed order) (Oct. 10, 2023)
Other Matters
- Order setting Trump conditions of release (Aug. 3, 2023)
- Court summons of Trump (Aug. 3, 2023)
- Order granting government motion to seal (Aug. 1, 2023)
- Government motion to seal the case (Aug. 1, 2023)
Key Statutes
- Electoral Count Act of 1887
- Counting Electoral Votes in Congress 3 U.S.C § 15
- Conspiracy Against Rights 18 U.S.C. § 241 (DOJ Explainer)
- Conspiracy to Commit Offense or to Defraud United States 18 U.S.C § 371
- Conspiracy to Obstruct an Official Proceeding 18 U.S.C. § 1512(k)
- Obstruction of and Attempt to Obstruct an Official Proceeding 18 U.S.C. §§ 1512(c)(2), 2
Just Security Writings
Public Resources and Expert Backgrounders and Guidance
- Norman L. Eisen, Matthew A. Seligman and Joshua Kolb, How Long Will Trump’s Immunity Appeal Take? Analyzing the Alternative Timelines, Just Security (Feb. 6, 2024) (update)
- Norman L. Eisen, Matthew A. Seligman and Joshua Kolb, How Long Will Trump’s DC Immunity Appeal Take? Analyzing the Alternative Timelines, Just Security (Jan. 9, 2024)
- Ciara Torres-Spelliscy, How Jack Smith May Charge Trump PAC with Fraudulent Fundraising Within the Bounds of First Amendment, Just Security (Aug. 24, 2023)
- Tom Joscelyn, Comparing the Trump Indictment and the January 6th Select Committee’s Final Report, Just Security (Aug. 3, 2023)
- Ryan Goodman and Andrew Weissmann, An Overlooked January 6 Charge: The “Stop the Count” Scheme, Just Security (July 30, 2023)
- Norman L. Eisen, Ryan Goodman, Joshua Kolb and Jacob Gaba, Unpacking the “Surprise” Crime in DOJ’s Target Letter to Trump, Just Security (July 20, 2023)
- Norman L. Eisen, Noah Bookbinder, Donald Ayer, Joshua Stanton, E. Danya Perry, Debra Perlin, Kayvan Farchadi and Jason Powell, Trump on Trial: A Model Prosecution Memo for Federal Election Interference Crimes, Just Security (July 13, 2023)
Analysis
- Tom Joscelyn, Norman L. Eisen and Fred Wertheimer, How DOJ’s New Reveal – Trump Agent’s Effort to Cause Violence to Stop Vote Count – Matches Trump Election Lie About Detroit, Just Security (Dec. 7, 2023)
- Laurence H. Tribe, Anatomy of a Fraud: Kenneth Chesebro’s Misrepresentation of My Scholarship in His Efforts to Overturn the 2020 Presidential Election, Just Security (Aug 8, 2023)
- Albert W. Alschuler, Will Mark Meadows Be A Principal Witness Against Donald Trump?, Just Security (Aug 8, 2023)
- Tom Joscelyn, Norman L. Eisen and Fred Wertheimer, How Trump’s CNN Town Hall Remarks Put Him in Greater Legal Peril for Jan. 6 Investigations, Just Security (May 12, 2023)
- Albert W. Alschuler, Seditious Conspiracy vs. Insurrection: Assessing the Evidence Against Trump, Just Security (Aug. 19, 2022)
- Albert W. Alschuler, Trump and the Insurrection Act: The Legal Framework, Just Security (Aug. 16, 2022)
Media and Other Resources
- Norman L. Eisen, Joshua Kolb and Samara Angel, The D.C. Circuit’s rejection of Trump’s immunity claim leaves nothing for the Supreme Court to resolve, MSNBC (Feb. 6, 2024)
- Katherine Faulders, Mike Levine, Alexander Mallin, and Will Steakin, Special counsel probe uncovers new details about Trump's inaction on Jan. 6: Sources, ABC News (Jan. 7, 2024)
- Marshall Cohen, Zachary Cohen, Jeremy Herb and Katelyn Polantz, Exclusive: Recordings, emails show how Trump team flew fake elector ballots to DC in final push to overturn 2020 election, CNN (Dec. 28, 2023)
- Craig Mauger, Trump recorded pressuring Wayne County canvassers not to certify 2020 vote, Detroit News (Dec. 21, 2023)
- Amy Gardner and Yvonne Wingett Sanchez, Pro-Trump electors indicted in Nevada, the third state to issue charges, Washington Post (Dec. 6, 2023)
- Patrick Marley, Wisconsin Trump electors settle lawsuit, agree Biden won, Washington Post (Dec. 6, 2023)
- Norman L. Eisen, Joshua Kolb, and E. Danya Perry, Jan. 6 Trump Trial Still on Track Despite Supreme Court Intervention, Slate (Dec. 14, 2023)
- Norman L. Eisen and Joshua Kolb, Opinion: Jack Smith’s ingenious response to Trump’s immunity defense, CNN (Dec. 11, 2023)
- Zachary Cohen and Marshall Cohen, Exclusive: Pro-Trump lawyer Kenneth Chesebro cooperating in multiple state probes into 2020 fake electors plot, CNN (Dec. 8, 2023)
- Norman L. Eisen and Joshua Kolb, Two courts blow up Trump’s immunity claims, MSNBC (Dec. 4, 2023)
- Quinta Jurecic and Benjamin Wittes, Taking Trump’s Presidential Immunity Briefing Seriously, Lawfare (Oct. 23, 2023)
- Michelle Cottle, Taylor Maggiacomo, and Norman Eisen, The Key Players in Trump’s Plot to Upend the Election, Mapped, The New York Times (Aug. 31, 2023)
- Katherine Faulders, Alexander Mallin, and Luke Barr, Timeline: Special Counsel's Probe into Trump's Efforts to Overturn 2020 Election, ABC News (Aug. 28, 2023)
- Katie S. Phang, Read Annotated Trump Indictment from Jack Smith's 2020 Election Probe, MSNBC (Aug 3, 2023)
- Charlie Savage and Adam Goldman, The Trump Jan. 6 Indictment, Annotated, The New York Times (Aug. 1, 2023)
- Norman L. Eisen, Donald B. Ayer, Joshua Perry, Noah Bookbinder and E. Danya Perry, Trump on Trial: A Guide to the January 6 Hearings and the Question of Criminality, The Brookings Institution (June 6, 2022)
Selected Trump Statements
- Donald Trump, Truth Social Post saying Protective Order in Jan. 6 Case would Violate his Free Speech, NY1 (Sept. 13, 2023)
- Donald Trump, Truth Social Post calling Judge Tanya Chutkan "VERY BIASED & UNFAIR!" Truth Social (Aug. 14, 2023)
- Donald Trump, Truth Social Post including Screenshot of Anti-Judge Chutkan Post, Truth Social (Aug. 13, 2023)
- Donald Trump, Truth Social Post calling Jack Smith "Deranged," Truth Social (Aug. 7, 2023)
- Donald Trump, Truth Social Post stating "IF YOU GO AFTER ME, I'M COMING AFTER YOU!" CBS News (Aug. 4, 2023)
Related Clearinghouse of Select Committee Materials and Other Resources
- Ryan Goodman, Justin Hedrix, and Norman L. Eisen, January 6 Clearinghouse, Just Security (Sept. 1, 2023)