Case: District of Columbia and Maryland v. Trump

8:17-cv-01596 | U.S. District Court for the District of Maryland

Filed Date: June 12, 2017

Closed Date: May 11, 2021

Clearinghouse coding complete

Case Summary

On June 12, 2017, the District of Columbia (the District) and the State of Maryland (Maryland) filed this lawsuit in The United States District Court for the State of Maryland. The plaintiffs sued the President of the United States (Donald Trump) under 28 U.S.C. §§ 1331 and 2201. The plaintiffs, represented by the Maryland and District of Columbia Attorney Generals, Citizens for Responsibility and Ethics in Washington, and private counsel, sought declaratory and injunctive relief ordering the d…

On June 12, 2017, the District of Columbia (the District) and the State of Maryland (Maryland) filed this lawsuit in The United States District Court for the State of Maryland. The plaintiffs sued the President of the United States (Donald Trump) under 28 U.S.C. §§ 1331 and 2201. The plaintiffs, represented by the Maryland and District of Columbia Attorney Generals, Citizens for Responsibility and Ethics in Washington, and private counsel, sought declaratory and injunctive relief ordering the defendant to stop violating the Foreign and Domestic Emoluments Clauses. The plaintiffs claimed that the president’s continued ownership of private companies and acceptance of foreign gifts violated the Emoluments Clauses of the Constitution. Specifically, the plaintiffs alleged they were hurt by the president’s ownership of businesses due to a real or perceived notion that the Trump companies should be given special treatment. The plaintiffs further alleged citizens of Maryland and Washington, D.C., were hurt as customers were diverted away from their businesses and towards the president’s in an effort to gain favor. Finally, the plaintiffs alleged that President Trump's violation of the Emoluments Clause especially hurt Maryland, as the state was an original approver of the Constitution and had previously given up a similar clause in its own state declaration (prior to the Constitution). The case was assigned to Judge Peter J. Messitte.

On September 5, 2017, a third party moved for intervention in the lawsuit and requested preliminary injunctive relief due to personal grievances. Two days later, the court denied the motion on its own accord, finding the grievances had nothing to do with the original suit.

The defendant moved to dismiss the complaint on September 29, 2017, arguing that the plaintiffs lacked standing, lacked a cause of action against the President under the Emoluments Clause, and failed to state a claim for which relief could be granted under the Emoluments Clauses. The parties continued to file amicus briefs for the next six months. The plaintiffs then submitted an amended complaint on March 12, 2018, to include the President in his individual capacity. On March 28, 2018, Judge Messitte granted in part and denied in part the defendant’s motion as it related to their standing arguments. He deferred a decision on the remaining arguments regarding the meaning of the Emoluments Clause. 291 F. Supp. 3d 725. He held that the plaintiffs had sufficiently alleged injury for certain relief because it was plausible that the District and Maryland could feel pressured to give the Trump Organization special concessions, such as tax benefits and land grants. In addition, he found the plaintiffs adequately alleged injury because competing hotels owned by the plaintiffs and their citizens could also be injured by foreign officials choosing the Trump International Hotel instead of any direct competitors. However, he granted the defendant’s motion to dismiss claims relating to Maryland’s historical support of the Emoluments Clauses, general declines in tax revenues and any hotels outside of the Trump International Hotel in Washington, D.C.

On May 1, 2018, the defendant filed a motion to dismiss in his individual capacity for failure to state a claim due to the unavailability of injunctive relief. The defendant argued that the court did not have venue and personal jurisdiction over him in his individual capacity because he had no affiliation with Maryland. Furthermore, the defendant argued that there was no cause of action against a government official in his individual capacity under the Emoluments Clause. Finally, the defendant argued that he had absolute immunity against all court action because absolute immunity bars individual-capacity lawsuits against the President for actions taken upon assumption of office.

Judge Messitte published a second opinion on July 25, 2018, denying the remainder of defendant’s initial motion to dismiss and speaking on the breadth of the Emoluments Clauses. He held that the definition of “emoluments” was broad and covered any non-trivial payment or advantage that the president received from government customers’ use of his hotel. 315 F. Supp. 3d 875.

The defendant filed a motion for an interlocutory appeal and a stay of action pending appeal on August 17, 2018. Judge Messitte denied these motions on November 2, 2018, on the grounds that the defendant had failed to raise any substantive question of law with enough grounds for differences of opinion to justify an appeal. 344 F. Supp. 3d 828. Judge Messitte then ordered that parties meet to plan discovery and issued a scheduling order for discovery on December 3, 2018.

The defendant appealed to the U.S. Court of Appeals for the Fourth Circuit on December 14, 2018, asking for a writ of mandamus to require the circuit court to approve an interlocutory appeal or dismiss the plaintiffs’ complaints outright. The appeal was separated into two cases, one to manage the issues surrounding defendant’s official capacity and one to address the issues surrounding the defendant’s individual capacity. These were assigned the docket numbers 18-2488 and 18-2486, respectively. The defendant claimed that the failure of the court to dismiss the complaints was a “clear legal error,” and the refusal to certify an interlocutory appeal an abuse of discretion. This appeal also asked for a motion to stay during the appeal. Following the appeal, the plaintiffs voluntarily dismissed the complaints against the defendant in his individual capacity on December 19, 2018. Nevertheless, because of the subsequent appeals process, suit of the president in his individual capacity remained a live issue.

The Court of Appeals approved the motion to stay during appeal on December 20, 2018, and heard the appeal during its March session. In two separate opinions on July 10, 2019, Circuit Judges Paul V. Niemeyer and A. Marvin Quattlebaum, Jr. and Senior Circuit Judge Dennis Shedd remanded the District Court’s decision and dismissed the case with prejudice on the grounds that the plaintiffs lacked standing under Article III of the Constitution. 928 F.3d 360. Under Article III, allegations must show a threat of concrete injury with “particularity.” Because the plaintiffs could not show evidence of customers choosing the President’s hotel over others in order to gain favor, there was no concrete injury and the Court held that the allegations were too general to comply.

On August 26, 2019, the plaintiffs filed a petition for rehearing en banc by the U.S. Court of Appeals for the Fourth Circuit. The court agreed to rehear the case, with oral arguments on December 12, 2019. In its two May 14, 2020 opinions on the matter, the Fourth Circuit reversed.

For 18-2488 (suing the president in his official capacity), the Fourth Circuit's 9-6 decision noted that a writ of mandamus, as sought by President Trump after the district court decision, was a drastic remedy available only in extraordinary situations. The court found that this was not such a circumstance. The court also rejected the president’s argument that separation of powers precluded the judiciary from ordering the President to comply with the Emoluments Clause. Instead, the court found that separation of powers cut precisely the other way since “Allowing the President to be the final arbiter of both the interpretation and enforcement of the law . . . would gravely offend separation of powers.” 958 F.3d 274. For 18-2486 (suing the president in his individual capacity), the en banc court was tasked to address the propriety of the district court’s procedure in the case. In another 9-6 decision, the en banc court found that because there was no final judgment yet in the case, it lacked jurisdiction to hear the defendant’s appeal. 959 F.3d 126.

The defendant subsequently appealed the decision to the U.S. Supreme Court and requested a stay of the en banc Fourth Circuit decisions until resolution of the appeal. On July 9, 2020, the Fourth Circuit granted a stay of 18-2486, but denied a stay of 18-2488. Though the plaintiffs renewed their notice of voluntary dismissal of their claims against President Trump in his individual capacity on July 17, 2020, the defendant appealed the motion, keeping the issue live.

On January 25, 2021, the Supreme Court dismissed the case as moot, since Donald Trump was no longer President of the United States. Ordered to do so by the Supreme Court, the Fourth Circuit and then the district court dismissed the case. The district court closed the case on May 11, 2021.

Summary Authors

Maddie McFee (10/15/2019)

Achutha Raman (11/19/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6072774/parties/the-district-of-columbia-v-trump/


Judge(s)

Messitte, Peter Jo (Maryland)

Motz, Diana Jane Gribbon (Maryland)

Niemeyer, Paul Victor (Maryland)

Quattlebaum, A. Marvin Jr. (Maryland)

Shedd, Dennis W. (South Carolina)

Attorneys(s) for Plaintiff

Alikhan, Loren L. (District of Columbia)

Beckerman, Laura C (District of Columbia)

Bookbinder, Noah D. (District of Columbia)

Eisen, Norman L (District of Columbia)

Frosh, Brian E. (Maryland)

Judge(s)

Messitte, Peter Jo (Maryland)

Motz, Diana Jane Gribbon (Maryland)

Niemeyer, Paul Victor (Maryland)

Quattlebaum, A. Marvin Jr. (Maryland)

Shedd, Dennis W. (South Carolina)

Attorneys(s) for Plaintiff

Alikhan, Loren L. (District of Columbia)

Beckerman, Laura C (District of Columbia)

Bookbinder, Noah D. (District of Columbia)

Eisen, Norman L (District of Columbia)

Frosh, Brian E. (Maryland)

Gupta, Deepak (District of Columbia)

Hughes, Patrick (Maryland)

Litos, Stephanie E. (District of Columbia)

Ludaway, Natalie Olivia (District of Columbia)

Matz, Joshua Adam (New York)

McPhail, Stuart C. (District of Columbia)

Racine, Karl A. (Maryland)

Sellers, Joseph Marc (District of Columbia)

Small, Daniel A. (District of Columbia)

Sullivan, Steven M. (Maryland)

Taylor, Jonathan Ellis (District of Columbia)

Tulin, Leah J. (District of Columbia)

Webber, Christine E. (District of Columbia)

Attorneys(s) for Defendant

Consovoy, William S. (District of Columbia)

Humphreys, Bradley Philip (District of Columbia)

Lin, Jean (District of Columbia)

Powers, James R (District of Columbia)

Shumate, Brett (District of Columbia)

Strawbridge, Patrick (Massachusetts)

Other Attorney(s)

Berlage, Jan Ingham (Maryland)

Blackman, Joshua Michael (Texas)

Crussiah, Joseph (Maryland)

Freeman, Emma L. (New York)

Kline, Regina (District of Columbia)

Maazel, Ilann M. (New York)

Maxman, Melissa H. (District of Columbia)

Ray, Robert William (New York)

Sanford, David W. (District of Columbia)

Severino, Carrie Lynn (District of Columbia)

Singh, Tejinder (District of Columbia)

Spector, Phillip Michael (Maryland)

Zachariasiewicz, Jean M. (District of Columbia)

Documents in the Clearinghouse

Document

8:17-cv-01596

0:18-02488

0:20-01839

Docket [PACER]

The District of Columbia v. Trump

May 11, 2021

May 11, 2021

Docket
1

8:17-cv-01596

Complaint

The District of Columbia and the State of Maryland v. Trump

2017 WL 2559732

June 12, 2017

June 12, 2017

Complaint
95

8:17-cv-01596

Amended Complaint

District of Columbia v. Trump

March 12, 2018

March 12, 2018

Complaint
101

8:17-cv-01596

Opinion

291 F.Supp.3d 725

March 28, 2018

March 28, 2018

Order/Opinion
123

8:17-cv-01596

Opinion

315 F.Supp.3d 875

July 25, 2018

July 25, 2018

Order/Opinion
135

8:17-cv-01596

Memorandum Opinion

344 F.Supp.3d 828

Nov. 2, 2018

Nov. 2, 2018

Order/Opinion
57

8:17-cv-01596

Opinion

U. S. Court of Appeals for the Fourth Circuit

928 F.3d 360

July 10, 2019

July 10, 2019

Order/Opinion
48

8:17-cv-01596

0:18-02488

[Opinion]

District of Columbia v. Trump

U. S. Court of Appeals for the Fourth Circuit

930 F.3d 209

July 10, 2019

July 10, 2019

Order/Opinion
83

8:17-cv-01596

0:18-02488

[Opinion]

District of Columbia v. Trump

U. S. Court of Appeals for the Fourth Circuit

959 F.3d 126

May 14, 2020

May 14, 2020

Order/Opinion
100

8:17-cv-01596

18-02486

[Opinion]

In re: Donald J Trump

U. S. Court of Appeals for the Fourth Circuit

958 F.3d 274

May 14, 2020

May 14, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6072774/the-district-of-columbia-v-trump/

Last updated June 1, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Donald J. Trump (Filing fee $ 400 receipt number 84637030093), filed by The District of Columbia, The State of Maryland. (Attachments: # 1 Proposed Summons, # 2 Civil Cover Sheet)(kns, Deputy Clerk) (Entered: 06/12/2017)

1 Proposed Summons

View on RECAP

2 Civil Cover Sheet

View on RECAP

June 12, 2017

June 12, 2017

RECAP
2

NOTICE by The State of Maryland proposed summons for Stephen M. Schenning (Sullivan, Steven) (Entered: 06/12/2017)

June 12, 2017

June 12, 2017

RECAP
3

NOTICE by The District of Columbia, The State of Maryland proposed summons for Jefferson B. Sessions, III (Sullivan, Steven) (Entered: 06/12/2017)

June 12, 2017

June 12, 2017

RECAP
4

Summons Issued 60 days as to Donald J. Trump, U.S. Attorney and U.S. Attorney General(kns, Deputy Clerk) (Entered: 06/12/2017)

June 12, 2017

June 12, 2017

RECAP
5

NOTICE of Appearance by Patrick Hughes on behalf of The State of Maryland (Hughes, Patrick) (Entered: 06/12/2017)

June 12, 2017

June 12, 2017

RECAP
6

MOTION to Appear Pro Hac Vice for Noah Bookbinder (Filing fee $100, receipt number 0416-6719663.) by The District of Columbia, The State of Maryland(Sullivan, Steven) (Entered: 06/14/2017)

June 14, 2017

June 14, 2017

PACER
7

MOTION to Appear Pro Hac Vice for Stuart McPhail (Filing fee $100, receipt number 0416-6719724.) by The District of Columbia, The State of Maryland (Attachments: # 1 Addendum)(Sullivan, Steven) (Entered: 06/14/2017)

1 Addendum

View on PACER

June 14, 2017

June 14, 2017

PACER
8

MOTION to Appear Pro Hac Vice for Stephanie E. Litos (Filing fee $100, receipt number 0416-6730058.) by The District of Columbia(Ludaway, Natalie) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
9

PAPERLESS ORDER granting 6 Motion to Appear Pro Hac Vice on behalf of Noah D Bookbinder. Directing attorney Noah D Bookbinder to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 6/22/2017. (srd, Deputy Clerk) (Entered: 06/22/2017)

June 22, 2017

June 22, 2017

PACER
10

PAPERLESS ORDER granting 7 Motion to Appear Pro Hac Vice on behalf of Stuart C McPhail. Directing attorney Stuart C McPhail to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 6/22/2017. (srd, Deputy Clerk) (Entered: 06/22/2017)

June 22, 2017

June 22, 2017

PACER
11

PAPERLESS ORDER granting 8 Motion to Appear Pro Hac Vice on behalf of Stephanie E Litos. Directing attorney Stephanie E Litos to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 6/22/2017. (srd, Deputy Clerk) (Entered: 06/22/2017)

June 22, 2017

June 22, 2017

PACER
12

SUMMONS Returned Executed by The District of Columbia, The State of Maryland. Donald J. Trump served on 6/27/2017, answer due 8/28/2017. (Attachments: # 1 Receipt Proof of Service - Civil Process Clerk, # 2 Receipt Proof of Service - President Donald J. Trump, # 3 Receipt Proof of Service - United States Attorney General)(McPhail, Stuart) Modified on 7/10/2017 (kns, Deputy Clerk). (Entered: 07/05/2017)

1 Receipt Proof of Service - Civil Process Clerk

View on PACER

2 Receipt Proof of Service - President Donald J. Trump

View on PACER

3 Receipt Proof of Service - United States Attorney General

View on PACER

July 5, 2017

July 5, 2017

PACER
13

NOTICE of Appearance by Jean Lin on behalf of Donald J. Trump (Lin, Jean) (Entered: 07/18/2017)

July 18, 2017

July 18, 2017

PACER
14

Consent MOTION for Extension of Time to File Answer or other Response to the Complaint by Donald J. Trump (Attachments: # 1 Text of Proposed Order)(Lin, Jean) (Entered: 07/18/2017)

1 Text of Proposed Order

View on RECAP

July 18, 2017

July 18, 2017

RECAP
15

PAPERLESS ORDER GRANTING 14 Consent Motion for Extension of Time for Defendant to Answer or Otherwise Respond to Complaint (until September 29, 2017). Signed by Judge Peter J. Messitte on 7/18/2017. (rass, Chambers) (Entered: 07/19/2017)

July 19, 2017

July 19, 2017

PACER
16

NOTICE of Appearance by James R Powers on behalf of Donald J. Trump (Powers, James) (Entered: 07/21/2017)

July 21, 2017

July 21, 2017

PACER
17

MOTION for Limited Intervention and Emergency Preliminary Injunctive Relief by Joseph Crussiah. (Attachments: # 1 Attachments, # 2 Text of Proposed Order, # 3 Envelope)(kns, Deputy Clerk) (Entered: 09/06/2017)

1 Attachments

View on PACER

2 Text of Proposed Order

View on PACER

3 Envelope

View on PACER

Sept. 5, 2017

Sept. 5, 2017

PACER
18

ORDER denying 17 Motion for Limited Intervention and Emergency Preliminary Injunctive Relief. Signed by Judge Peter J. Messitte on 9/7/2017. (kns, Deputy Clerk) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

RECAP
19

Consent MOTION for Leave to File Excess Pages by Donald J. Trump (Attachments: # 1 Text of Proposed Order)(Lin, Jean) (Entered: 09/19/2017)

1 Text of Proposed Order

View on PACER

Sept. 19, 2017

Sept. 19, 2017

RECAP
20

PAPERLESS ORDER GRANTING 19 Defendant's Unopposed Motion for Enlargement of Page Limit. Signed by Judge Peter J. Messitte on 9/20/2017. (rass, Chambers) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

PACER
21

MOTION to Dismiss for Failure to State a Claimand for Lack of Jurisdiction by Donald J. Trump (Attachments: # 1 Memorandum in Support of Motion)(Lin, Jean) (Entered: 09/29/2017)

1 Memorandum in Support of Motion

View on RECAP

Sept. 29, 2017

Sept. 29, 2017

PACER
22

NOTICE of Appearance by Jan Ingham Berlage on behalf of Seth Barrett Tillman (Berlage, Jan) (Entered: 10/05/2017)

Oct. 5, 2017

Oct. 5, 2017

PACER
23

MOTION to Appear Pro Hac Vice for Joshua Michael Blackman (Filing fee $100, receipt number 0416-6930237.) by Seth Barrett Tillman(Berlage, Jan) (Entered: 10/05/2017)

Oct. 5, 2017

Oct. 5, 2017

PACER
24

MOTION to Appear Pro Hac Vice for Robert W. Ray (Filing fee $100, receipt number 0416-6930246.) by Seth Barrett Tillman(Berlage, Jan) (Entered: 10/05/2017)

Oct. 5, 2017

Oct. 5, 2017

PACER
25

MOTION to Appear Pro Hac Vice for Carrie Severino (Filing fee $100, receipt number 0416-6930253.) by Seth Barrett Tillman(Berlage, Jan) (Entered: 10/05/2017)

Oct. 5, 2017

Oct. 5, 2017

PACER
26

NOTICE of Appearance by Jan Ingham Berlage on behalf of Judicial Education Project (Berlage, Jan) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
27

MOTION for Leave to File Brief of Scholar Seth Barrett Tillman and Judicial Education Project as Amici Curiae In Support of Defendant by Judicial Education Project, Seth Barrett Tillman (Attachments: # 1 Exhibit A - Amicus Brief)(Berlage, Jan) (Entered: 10/06/2017)

1 Exhibit A - Amicus Brief

View on RECAP

Oct. 6, 2017

Oct. 6, 2017

RECAP
28

Joint MOTION for Extension of Time to File Response/Reply as to 21 MOTION to Dismiss for Failure to State a Claimand for Lack of Jurisdiction, Joint MOTION for Leave to File Excess Pages by The District of Columbia, The State of Maryland (Attachments: # 1 Text of Proposed Order)(McPhail, Stuart) (Entered: 10/06/2017)

1 Text of Proposed Order

View on RECAP

Oct. 6, 2017

Oct. 6, 2017

RECAP
29

PAPERLESS ORDER GRANTING 28 Joint Motion for Briefing Scheduling and Extensions of Page Limits Regarding Motion to Dismiss. Signed by Judge Peter J. Messitte on 10/10/2017. (rass, Chambers) (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

PACER
30

PAPERLESS ORDER granting 23 Motion to Appear Pro Hac Vice on behalf of Josh Blackman. Directing attorney Josh Blackman to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 10/11/2017. (srds, Deputy Clerk) (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

PACER
31

PAPERLESS ORDER granting 24 Motion to Appear Pro Hac Vice on behalf of Robert W Ray. Directing attorney Robert W Ray to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 10/11/2017. (srds, Deputy Clerk) (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

PACER
32

PAPERLESS ORDER granting 25 Motion to Appear Pro Hac Vice on behalf of Carrie Severino. Directing attorney Carrie Severino to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 10/11/2017. (srds, Deputy Clerk) (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

PACER
33

NOTICE of Appearance by Norman L Eisen on behalf of All Plaintiffs (Eisen, Norman) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
34

PAPERLESS NOTICE OF SCHEDULING OF MOTIONS HEARING and advising counsel/parties of record that argument on 21 Defendant's Motion to Dismiss will be heard before Judge Peter J. Messitte on Thursday, January 25, 2018 beginning at 10:00 a.m. (Courtroom 4C). PLEASE NOTE: Counsel should bring copies for both the Court and opposing counsel of the principal cases on which they intend to rely during oral argument. Please also highlight the appropriate text. (rass, Chambers) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
35

NOTICE of Appearance by Joseph M Sellers on behalf of All Plaintiffs (Sellers, Joseph) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

RECAP
36

MOTION to Appear Pro Hac Vice for Christine E. Webber (Filing fee $100, receipt number 0416-6946832.) by The District of Columbia, The State of Maryland(Sellers, Joseph) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

PACER
37

PAPERLESS ORDER granting 36 Motion to Appear Pro Hac Vice on behalf of Christine Elizabeth Webber. Directing attorney Christine Elizabeth Webber to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 10/18/2017. (srd, Deputy Clerk) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER
38

MOTION to Appear Pro Hac Vice for Deepak Gupta (Filing fee $100, receipt number 0416-6954890.) by The District of Columbia, The State of Maryland(Sellers, Joseph) (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER
39

MOTION to Appear Pro Hac Vice for Jonathan E. Taylor (Filing fee $100, receipt number 0416-6954909.) by The District of Columbia, The State of Maryland(Sellers, Joseph) (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER
40

PAPERLESS ORDER granting 38 Motion to Appear Pro Hac Vice on behalf of Deepak Gupta. Directing attorney Deepak Gupta to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 10/23/2017. (srd, Deputy Clerk) (Entered: 10/23/2017)

Oct. 23, 2017

Oct. 23, 2017

PACER
41

PAPERLESS ORDER granting 39 Motion to Appear Pro Hac Vice on behalf of Jonathan Taylor. Directing attorney Jonathan Taylor to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 10/23/2017. (srd, Deputy Clerk) (Entered: 10/23/2017)

Oct. 23, 2017

Oct. 23, 2017

PACER
42

PAPERLESS ORDER GRANTING 27 Motion for Leave to File Brief of Scholar Seth Barrett Tillman and Judicial Education Project as Amici Curiae in Support of Defendant. Signed by Judge Peter J. Messitte on 10/23/2017. (rass, Chambers) (Entered: 10/23/2017)

Oct. 23, 2017

Oct. 23, 2017

PACER
43

MOTION for Other Relief to Serve Document Preservation Subpoenas by The District of Columbia, The State of Maryland (Attachments: # 1 Exhibit A: List of entities, # 2 Exhibit B: Document preservation requests, # 3 Text of Proposed Order Proposed Order)(Litos, Stephanie) (Entered: 10/25/2017)

1 Exhibit A: List of entities

View on RECAP

2 Exhibit B: Document preservation requests

View on RECAP

3 Text of Proposed Order Proposed Order

View on PACER

Oct. 25, 2017

Oct. 25, 2017

RECAP
44

RESPONSE to Motion re 43 MOTION for Other Relief to Serve Document Preservation Subpoenas filed by Donald J. Trump.(Lin, Jean) (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

RECAP
45

REPLY to Response to Motion re 43 MOTION for Other Relief to Serve Document Preservation Subpoenas filed by The District of Columbia, The State of Maryland.(Litos, Stephanie) (Entered: 11/02/2017)

Nov. 2, 2017

Nov. 2, 2017

RECAP
46

RESPONSE in Opposition re 21 MOTION to Dismiss for Failure to State a Claimand for Lack of Jurisdiction filed by The District of Columbia, The State of Maryland.(Sellers, Joseph) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

RECAP
47

AFFIDAVIT re 46 Response in Opposition to Motion Declaration of Rachel J. Roginsky by The District of Columbia, The State of Maryland(Sellers, Joseph) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

RECAP
48

AFFIDAVIT re 46 Response in Opposition to Motion Declaration of Christopher C. Muller by The District of Columbia, The State of Maryland(Sellers, Joseph) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

RECAP
49

Amicus Curiae APPEARANCE entered by TeJinder Singh on behalf of Former Government Ethics Officers(Singh, TeJinder) (Entered: 11/14/2017)

Nov. 14, 2017

Nov. 14, 2017

PACER
50

MOTION for Leave to File Brief of Former Government Ethics Officers as Amici Curiae Supporting Plaintiffs by Former Government Ethics Officers(Singh, TeJinder) (Entered: 11/14/2017)

Nov. 14, 2017

Nov. 14, 2017

RECAP
51

NOTICE of Appearance by David W Sanford on behalf of Sarah P. Chayes (Sanford, David) (Entered: 11/14/2017)

Nov. 14, 2017

Nov. 14, 2017

PACER
52

MOTION to Appear Pro Hac Vice for Ilann M. Maazel (Filing fee $100, receipt number 0416-6999604.) by Sarah P. Chayes(Sanford, David) (Entered: 11/14/2017)

Nov. 14, 2017

Nov. 14, 2017

PACER
53

CORRECTED MOTION to Appear Pro Hac Vice for Ilann M. Maazel by Sarah P. Chayes. The fee has already been paid.(Sanford, David) (Entered: 11/14/2017)

Nov. 14, 2017

Nov. 14, 2017

RECAP
54

MOTION to Appear Pro Hac Vice for Emma L. Freeman (Filing fee $100, receipt number 0416-6999735.) by Sarah P. Chayes(Sanford, David) (Entered: 11/14/2017)

Nov. 14, 2017

Nov. 14, 2017

PACER
55

MOTION for Leave to File Brief of Amica Curiae Sarah P. Chayes in Support of Plaintiffs by Sarah P. Chayes (Attachments: # 1 Exhibit A)(Sanford, David) (Entered: 11/14/2017)

1 Exhibit A

View on RECAP

Nov. 14, 2017

Nov. 14, 2017

PACER
56

MOTION for Leave to File Brief of Amici Curiae Administrative Law, Constitutional Law, and Federal Courts Scholars in Support of Plaintiffs' Opposition to Defendant's Motion to Dismiss by Bruce Ackerman, Matthew D Adler, Zachary D Clopton, Cary Coglianese, Seth Davis, Frank Deale, Michael C Dorf, Daniel Farber, Daniel Hemel, Aziz Huq, Evan Tsen Lee, Jonathan S Masur, Jon D Michaels, Sandra L Rierson, Eli Savit, Peter M Shane, Joan Steinman, Arthur D Wolf, Brian Wolfman (Attachments: # 1 Supplement Brief of Amici Curaie Administrative Law, Constitutional Law, and Federal Courts Scholars in Support of Plaintiffs' Opposition to Defendant's Motion to Dismiss)(Zachariasiewicz, Jean) (Entered: 11/14/2017)

1 Supplement Brief of Amici Curaie Administrative Law, Constitutional Law, and Fed

View on RECAP

Nov. 14, 2017

Nov. 14, 2017

RECAP
57

MOTION for Leave to File Amicus Curiae Brief by Former National Security Officials (Attachments: # 1 Exhibit Amicus Curiae Brief, # 2 Text of Proposed Order)(Spector, Phillip) (Entered: 11/14/2017)

1 Exhibit Amicus Curiae Brief

View on RECAP

2 Text of Proposed Order

View on RECAP

Nov. 14, 2017

Nov. 14, 2017

RECAP
58

MOTION for Leave to File Brief of Amici Curiae by Certain Legal Historians on Behalf of Plaintiffs by Jed H. Shugerman, John Mikhail, Jack N. Rakove, Gautham Rao, Simon Stern (Attachments: # 1 Exhibit A - Brief of Amici Curiae by Certain Legal Historians on Behalf of Plaintiffs, # 2 Text of Proposed Order)(Maxman, Melissa) (Entered: 11/14/2017)

1 Exhibit A - Brief of Amici Curiae by Certain Legal Historians on Behalf of Plain

View on RECAP

2 Text of Proposed Order

View on PACER

Nov. 14, 2017

Nov. 14, 2017

PACER
59

PAPERLESS ORDER granting 52 & 54 Motions to Appear Pro Hac Vice on behalf of Emma Freeman. Directing attorney Emma Freeman to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 11/16/2017. (srd, Deputy Clerk) Modified on 11/16/2017 (kns, Deputy Clerk). (Entered: 11/16/2017)

Nov. 16, 2017

Nov. 16, 2017

PACER
60

PAPERLESS ORDER granting 53 Corrected Motion to Appear Pro Hac Vice on behalf of Ilann M Maazel. Directing attorney Ilann M Maazel to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 11/16/2017. (srd, Deputy Clerk) (Entered: 11/16/2017)

Nov. 16, 2017

Nov. 16, 2017

PACER
61

NOTICE of Appearance by Ilann M Maazel on behalf of Sarah P. Chayes (Maazel, Ilann) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER
62

NOTICE of Appearance by Emma L Freeman on behalf of Sarah P. Chayes (Freeman, Emma) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER
63

MEMORANDUM/ORDER granting 50, 55, 56, 57 and 58 Motions for Leave to File Amici Curiae Briefs in Support of Plaintiffs' Opposition to Defendant's Motion to Dismiss; setting a Hearing on Defendant's Motion to Dismiss for 1/25/2018; stating that the deadline to Respond to any Amici Curiae briefs is 12/29/2017; and stating that any party that wishes to Reply must do so by 1/16/2018. Signed by Judge Peter J. Messitte on 11/28/2017. (tds, Deputy Clerk) (Entered: 11/28/2017)

Nov. 28, 2017

Nov. 28, 2017

PACER
64

ORDER granting 43 Plaintiffs' Motion for Leave to Serve Document Preservation Subpoenas; and permitting the Parties to serve subpoenas on third-parties for the sole purpose of preservation of documents. Signed by Judge Peter J. Messitte on 11/28/2017. (tds, Deputy Clerk) (Entered: 11/28/2017)

Nov. 28, 2017

Nov. 28, 2017

RECAP
65

AMICUS CURIAE BRIEF in support of 46 Plaintiffs' Response in Opposition to Motion to Dismiss, filed by Former Government Ethics Officers. (tds, Deputy Clerk) (Entered: 11/28/2017)

Nov. 28, 2017

Nov. 28, 2017

RECAP
66

AMICUS CURIAE BRIEF in support of 46 Plaintiffs' Response in Opposition to Motion to Dismiss, filed by Sarah P. Chayes. (tds, Deputy Clerk) (Entered: 11/28/2017)

Nov. 28, 2017

Nov. 28, 2017

RECAP
67

AMICUS CURIAE BRIEF in support of 46 Plaintiffs' Response in Opposition to Motion to Dismiss, filed by Administrative Law, Constitutional Law, and Federal Courts Scholars - Bruce Ackerman, Matthew D Adler, Zachary D Clopton, Cary Coglianese, Seth Davis, Frank Deale, Michael C Dorf, Former Government Ethics Officers, Daniel Hemel, Aziz Huq, Evan Tsen Lee, Jonathan S Masur, Jon D Michaels, Sandra L Rierson, Eli Savit, Peter M Shane, Joan Steinman, Arthur D Wolf, Brian Wolfman. (tds, Deputy Clerk) (Entered: 11/28/2017)

Nov. 28, 2017

Nov. 28, 2017

RECAP
68

AMICUS CURIAE BRIEF in support of 46 Plaintiffs' Response in Opposition to Motion to Dismiss, filed by Former National Security Officials. (tds, Deputy Clerk) (Entered: 11/28/2017)

Nov. 28, 2017

Nov. 28, 2017

RECAP
69

AMICUS CURIAE BRIEF in support of 46 Plaintiffs' Response in Opposition to Motion to Dismiss, filed by Certain Legal Historians - John Mikhail, Jack N. Rakove, Gautham Rao, Jed H. Shugerman, Simon Stern. (tds, Deputy Clerk) (Entered: 11/28/2017)

Nov. 28, 2017

Nov. 28, 2017

RECAP
70

REPLY to Response to Motion re 21 MOTION to Dismiss for Failure to State a Claimand for Lack of Jurisdiction filed by Donald J. Trump.(Lin, Jean) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

RECAP
71

MOTION Clarification re 63 Order on Motion for Leave to File, by Judicial Education Project, Seth Barrett Tillman(Berlage, Jan) Modified on 12/14/2017 (jf3s, Deputy Clerk). (Entered: 12/11/2017)

Dec. 11, 2017

Dec. 11, 2017

RECAP
72

MEMORANDUM/ORDER re clarification of 63 MEMORANDUM/ORDER granting 50, 55, 56, 57 and 58 Motions for Leave to File Amici Curiae Briefs. Signed by Judge Peter J. Messitte on 12/14/2017. (aos, Deputy Clerk) (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

RECAP
73

MEMORANDUM/ORDER re Defendant's Motion to Dismiss. Signed by Judge Peter J. Messitte on 12/15/2017. (aos, Deputy Clerk) (Entered: 12/18/2017)

Dec. 15, 2017

Dec. 15, 2017

RECAP
74

NOTICE of Appearance by Brett Shumate on behalf of Donald J. Trump (Shumate, Brett) (Entered: 12/22/2017)

Dec. 22, 2017

Dec. 22, 2017

PACER
75

NOTICE by Donald J. Trump of Supplemental Authority (Attachments: # 1 Exhibit A)(Lin, Jean) (Entered: 12/22/2017)

1 Exhibit A

View on PACER

Dec. 22, 2017

Dec. 22, 2017

RECAP
76

RESPONSE re 68 Response, 66 Response, 69 Response, 67 Response,, 65 Response As Amici Curiae In Support of Defendant filed by Judicial Education Project, Seth Barrett Tillman.(Berlage, Jan) (Entered: 12/29/2017)

Dec. 29, 2017

Dec. 29, 2017

PACER
77

RESPONSE re 76 Response Corrected Response filed by Judicial Education Project, Seth Barrett Tillman.(Blackman, Joshua) (Entered: 12/31/2017)

Dec. 31, 2017

Dec. 31, 2017

PACER
78

MOTION for Other Relief for Amici to Be Heard at Oral Argument by Judicial Education Project, Seth Barrett Tillman(Blackman, Joshua) (Entered: 12/31/2017)

Dec. 31, 2017

Dec. 31, 2017

RECAP
79

MEMORANDUM/ORDER re: Format for January 25, 2018 Hearing. Signed by Judge Peter J. Messitte on 1/2/2018. (hmls, Deputy Clerk) (Entered: 01/02/2018)

Jan. 2, 2018

Jan. 2, 2018

RECAP
80

ORDER Directing that during further proceedings in this matter, no person may possess or transport into Courtroom 4C any electronic devices, including cellular telephones, cameras, recording devices of any type including smart watches and smart pens, and/or computers, including laptops and tablets. This restriction shall not apply to employees of the United States District Court for the District of Maryland, the United States Marshal or his Deputies, Court Security Officers, counsel of record in this case, employees of state and federal law enforcement agencies, and/or investigators and employees of counsel representing parties in the case, provided those investigators and employees of counsel are identified to the United States Marshal in advance. Persons subject to this Order are advised not to bring any such electronic devices to the courthouse. Signed by Judge Peter J. Messitte on 1/5/2018. (cags, Deputy Clerk) (Entered: 01/05/2018)

Jan. 5, 2018

Jan. 5, 2018

RECAP
81

MOTION to Appear Pro Hac Vice for Loren L. AliKhan (Filing fee $100, receipt number 0416-7087723.) by The District of Columbia(Litos, Stephanie) (Entered: 01/09/2018)

Jan. 9, 2018

Jan. 9, 2018

PACER
82

PAPERLESS ORDER granting 81 Motion to Appear Pro Hac Vice on behalf of Loren AliKhan. Directing attorney Loren AliKhan to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 1/10/2018. (srd, Deputy Clerk) (Entered: 01/10/2018)

Jan. 10, 2018

Jan. 10, 2018

PACER
83

RESPONSE re 79 Order Joint Reponse of the Parties filed by The District of Columbia, The State of Maryland.(Litos, Stephanie) (Entered: 01/11/2018)

Jan. 11, 2018

Jan. 11, 2018

RECAP
84

MARGINAL ORDER approving 83 Joint Response of the Parties to the Courts December 15, 2017 and January 2, 20181 Orders. Signed by Judge Peter J. Messitte on 1/12/2018. (aos, Deputy Clerk) (Entered: 01/12/2018)

Jan. 12, 2018

Jan. 12, 2018

RECAP
85

PAPERLESS ORDER DENYING 78 Motion for Leave of Amici Curiae Scholar Seth Barrett Tillman and Judicial Education Project to Be Heard at Oral Argument. Signed by Judge Peter J. Messitte on 1/18/2018. (rass, Chambers) (Entered: 01/17/2018)

Jan. 17, 2018

Jan. 17, 2018

PACER
86

Motion Hearing held on 1/25/2018 re 21 MOTION to Dismiss for Failure to State a Claimand for Lack of Jurisdiction filed by Donald J. Trump before Judge Peter J. Messitte.(Court Reporter: Linda Marshall - 4C) (jmhs, Deputy Clerk) (Entered: 01/25/2018)

Jan. 25, 2018

Jan. 25, 2018

PACER
87

NOTICE of Appearance by Leah J Tulin on behalf of The State of Maryland (Tulin, Leah) (Entered: 01/26/2018)

Jan. 26, 2018

Jan. 26, 2018

PACER
88

Correspondence re: supplemental amici curiae filing relative to Plaintiffs' expected Rule 15 motion [ECF No. 86] (Blackman, Joshua) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER
89

NOTICE of Appearance by Daniel A. Small on behalf of All Plaintiffs (Small, Daniel) (Entered: 02/07/2018)

Feb. 7, 2018

Feb. 7, 2018

PACER
90

MOTION to Amend/Correct 1 Complaint by The District of Columbia, The State of Maryland (Attachments: # 1 Memorandum in Support, # 2 Amended Complaint, # 3 Amended Complaint - Redlined, # 4 Text of Proposed Order)(Sullivan, Steven) (Entered: 02/23/2018)

1 Memorandum in Support

View on PACER

2 Amended Complaint

View on PACER

3 Amended Complaint - Redlined

View on RECAP

4 Text of Proposed Order

View on PACER

Feb. 23, 2018

Feb. 23, 2018

PACER
91

CERTIFICATE of Counsel re 90 MOTION to Amend/Correct 1 Complaint Certificate of Service by Steven M Sullivan on behalf of The District of Columbia, The State of Maryland (Sullivan, Steven) (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER
92

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 1-25-18, before Judge Messitte. Court Reporter/Transcriber Linda Marshall, Telephone number 301-344-3229. Total number of pages filed: 223. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter or through PACER. Redaction Request due 3/20/2018. Redacted Transcript Deadline set for 3/30/2018. Release of Transcript Restriction set for 5/29/2018.(lcm, Court Reporter) (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

PACER
93

RESPONSE to Motion re 90 MOTION to Amend/Correct 1 Complaint and to Apply the Pending Motion to Dismiss [DOC. 21] to the Amended Complaint filed by Donald J. Trump.(Lin, Jean) (Entered: 03/08/2018)

March 8, 2018

March 8, 2018

PACER
94

MEMORANDUM/ORDER granting 90 MOTION to Amend/Correct 1 Complaint. Signed by Judge Peter J. Messitte on 3/12/2018. (aos, Deputy Clerk) (Entered: 03/13/2018)

March 12, 2018

March 12, 2018

PACER
95

AMENDED COMPLAINT against Donald J. Trump, filed by The District of Columbia, The State of Maryland. (Attachments: # 1 Redline Version)(aos, Deputy Clerk) (Entered: 03/13/2018)

1 Redline Version

View on PACER

March 12, 2018

March 12, 2018

RECAP
96

Correspondence re: Plaintiffs' Opposition to Defendant's Request to Delay Ruling (Litos, Stephanie) (Entered: 03/14/2018)

March 14, 2018

March 14, 2018

RECAP
97

Correspondence re: Notice of Supplemental Authority (Attachments: # 1 Exhibit 1- Affidavit of Professor Luke Beck, # 2 Exhibit 2 - Re Lambie)(Blackman, Joshua) (Entered: 03/19/2018)

1 Exhibit 1- Affidavit of Professor Luke Beck

View on PACER

2 Exhibit 2 - Re Lambie

View on PACER

March 19, 2018

March 19, 2018

RECAP
98

NOTICE by The District of Columbia, The State of Maryland re 95 Amended Complaint For the clerk to issue summons (McPhail, Stuart) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

RECAP
99

Summons Issued 60 days as to Donald J. Trump(bus, Deputy Clerk) (Entered: 03/22/2018)

March 22, 2018

March 22, 2018

RECAP
100

Statement of Interest by Donald J. Trump, in his official capacity, of Statement of Interest (Powers, James) Modified on 3/28/2018 (jf3s, Deputy Clerk). (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER

Case Details

State / Territory: Maryland

Case Type(s):

Presidential/Gubernatorial Authority

Key Dates

Filing Date: June 12, 2017

Closing Date: May 11, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

District of Columbia and State of Maryland

Plaintiff Type(s):

City/County Plaintiff

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

President of the United States, Federal

Case Details

Causes of Action:

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Emoluments Clauses

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None