Case: Smith v. Trump

1:25-cv-00158 | U.S. District Court for the District of Maine

Filed Date: April 11, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

Published in February 2025, Executive Order 14203, titled “Imposing Sanctions on the International Criminal Court," imposed civil and criminal penalties on any U.S. person who provided services to, or for the benefit of, designated persons associated with the International Criminal Court. This case challenges EO 14203. On April 11, 2025, two human-rights advocates filed this lawsuit in the U.S. District Court for the District of Maine. They sued President Trump, the U.S. Department of State, th…

Published in February 2025, Executive Order 14203, titled “Imposing Sanctions on the International Criminal Court," imposed civil and criminal penalties on any U.S. person who provided services to, or for the benefit of, designated persons associated with the International Criminal Court. This case challenges EO 14203.

On April 11, 2025, two human-rights advocates filed this lawsuit in the U.S. District Court for the District of Maine. They sued President Trump, the U.S. Department of State, the U.S. Department of the Treasury, the U.S. Department of Justice, and the Office of Foreign Assets Control under the Administrative Procedure Act and the First Amendment. The case was assigned to Judge Nancy Torresen.

Represented by the American Civil Liberties Union (ACLU) and ACLU of Maine, the plaintiffs sought declaratory and injunctive relief, requesting that the court declare the EO 14203 unconstitutional and bar its enforcement. Plaintiffs alleged that EO 14203 was a content-based restriction on speech. They also argued that the EO 14203 exceeded the President’s authority under the International Emergency Economic Powers Act (IEEPA) and was therefore ultra vires and unlawful under the Administrative Procedure Act.

On April 25, 2025, the plaintiffs filed a motion for a preliminary injunction to block enforcement of EO 14203 while the case proceeds in court. 

Judge Torresen granted the motion for a preliminary injunction on July 18, 2025, enjoining the government from imposing civil or criminal penalties on the plaintiffs under IEEPA. 2025 WL 2021785. The court found that EO 14203’s restrictions on speech-based services likely violated the First Amendment and caused irreparable harm. Specifically, the court held that Section 3(a) of the order, which prohibits providing "services for the benefit of" sanctioned individuals, failed intermediate scrutiny because it appeared to restrict substantially more speech than necessary to advance the government’s asserted interest in shielding U.S. and allied personnel from ICC investigations. The court emphasized that the government had not explained how the plaintiffs’ work, including services related to atrocities in Bangladesh, Myanmar, or Afghanistan, posed any threat to U.S. national security or foreign policy interests, particularly those involving Israel.

This case is ongoing. 

Summary Authors

Alaa Mustafa (4/20/2025)

Victoria Tan (7/24/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69879872/parties/smith-v-trump/


Judge(s)
Attorney for Plaintiff

GARVAN, CAROL (Maine)

GORSKI, ASHLEY (Maine)

HEIDEN, ZACHARY L. (Maine)

HOGLE, CHARLES (Maine)

SHAMSI, HINA (Maine)

Attorney for Defendant

show all people

Documents in the Clearinghouse

Document
1

1:25-cv-00158

Complaint for Declaratory and Injunctive Relief

April 11, 2025

April 11, 2025

Complaint
19

1:25-cv-00158

Plaintiffs’ Motion for Preliminary Injunction and Incorporated Memorandum of Law

April 25, 2025

April 25, 2025

Pleading / Motion / Brief
30

1:25-cv-00158

Order on Motion for Preliminary Injunction

July 18, 2025

July 18, 2025

Order/Opinion

2025 WL 2021785

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69879872/smith-v-trump/

Last updated Aug. 21, 2025, 8:23 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD COUNSEL ARE INSTRUCTED TO LOGIN TO CMECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS., filed by MATTHEW SMITH, AKILA RADHAKRISHNAN. (Service of Process Deadline 7/10/2025) Fee due by 4/14/2025.(cjd) (Entered: 04/11/2025)

April 11, 2025

April 11, 2025

Clearinghouse
2

CIVIL COVER SHEET. (Attachments: # 1 Attachment A Additional Attorneys)(cjd) (Entered: 04/11/2025)

April 11, 2025

April 11, 2025

PACER
3

Summonses Issued as to All Defendants. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (Attachments: # 1 Summons US Department of State, # 2 Summons to Marco Rubio, # 3 Summons US Department of Treasury, # 4 Summons to Scott Bessent, # 5 Summons to US Department of Justice, # 6 Summons to Pamela Bondi, # 7 Summons Office of Foreign Assets Control, # 8 Summons to Lisa Palluconi)(cjd) (Entered: 04/11/2025)

1 Summons US Department of State

View on PACER

2 Summons to Marco Rubio

View on PACER

3 Summons US Department of Treasury

View on PACER

4 Summons to Scott Bessent

View on PACER

5 Summons to US Department of Justice

View on PACER

6 Summons to Pamela Bondi

View on PACER

7 Summons Office of Foreign Assets Control

View on PACER

8 Summons to Lisa Palluconi

View on PACER

April 11, 2025

April 11, 2025

PACER
4

CERTIFICATION for Admission Pro Hac Vice of Ashley Gorski filed by ANAHITA SOTOOHI on behalf of All Plaintiffs (Total admission fee $ 200 receipt number AMEDC-3095658.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (SOTOOHI, ANAHITA) (Entered: 04/11/2025)

April 11, 2025

April 11, 2025

PACER
5

CERTIFICATION for Admission Pro Hac Vice of Charles Hogle filed by ANAHITA SOTOOHI on behalf of All Plaintiffs (Total admission fee $ 200 receipt number AMEDC-3095662.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (SOTOOHI, ANAHITA) (Entered: 04/11/2025)

April 11, 2025

April 11, 2025

PACER
6

CERTIFICATION for Admission Pro Hac Vice of Hina Shamsi filed by ANAHITA SOTOOHI on behalf of All Plaintiffs (Total admission fee $ 200 receipt number AMEDC-3095667.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (SOTOOHI, ANAHITA) (Entered: 04/11/2025)

April 11, 2025

April 11, 2025

PACER

Set Deadlines : Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorney Charles Hogle, Ashley Gorski and Hina Shamsi must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 4/18/2025. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. Pro Hac Vice Certificate due by 4/18/2025. The Certification for Admission Pro Hac Vice form can be downloaded from our website at http://www.med.uscourts.gov/forms. (cjd)

April 11, 2025

April 11, 2025

PACER
7

NOTICE of APPROVAL by Clerk's Office re 5 Certification for Admission Pro Hac Vice,, 4 Certification for Admission Pro Hac Vice,, 6 Certification for Admission Pro Hac Vice,, Attorney ASHLEY GORSKI,CHARLES HOGLE,HINA SHAMSI for AKILA RADHAKRISHNAN,ASHLEY GORSKI,CHARLES HOGLE,HINA SHAMSI for MATTHEW SMITH added to this specific case only. Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorney Gorski, Hogle, and Shamsi must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 4/21/2025. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. (lrt) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

PACER

Filing Fee Paid via Credit Card ( Filing fee $ 405 receipt number AMEDC-3096113.), filed by MATTHEW SMITH, AKILA RADHAKRISHNAN.(HEIDEN, ZACHARY)

April 14, 2025

April 14, 2025

PACER
8

Summons Issued as to US DEPARTMENT OF JUSTICE, US ATTORNEY FOR THE DISTRICT OF MAINE. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (cjd) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

PACER
10

SERVICE Returned EXECUTED filed by MATTHEW SMITH, AKILA RADHAKRISHNAN as to US DEPARTMENT OF STATE. (HOGLE, CHARLES) (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

PACER
11

SERVICE Returned EXECUTED filed by MATTHEW SMITH, AKILA RADHAKRISHNAN as to MARCO RUBIO. (HOGLE, CHARLES) (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

PACER
12

SERVICE Returned EXECUTED filed by MATTHEW SMITH, AKILA RADHAKRISHNAN as to US DEPARTMENT OF THE TREASURY. (HOGLE, CHARLES) (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

PACER
13

SERVICE Returned EXECUTED filed by MATTHEW SMITH, AKILA RADHAKRISHNAN as to SCOTT BESSENT. (HOGLE, CHARLES) (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

PACER
14

SERVICE Returned EXECUTED filed by MATTHEW SMITH, AKILA RADHAKRISHNAN as to US DEPARTMENT OF JUSTICE. (HOGLE, CHARLES) (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

PACER
15

SERVICE Returned EXECUTED filed by MATTHEW SMITH, AKILA RADHAKRISHNAN as to PAMELA BONDI. (HOGLE, CHARLES) (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

PACER
16

SERVICE Returned EXECUTED filed by MATTHEW SMITH, AKILA RADHAKRISHNAN as to OFFICE OF FOREIGN ASSETS CONTROL. (HOGLE, CHARLES) (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

PACER
17

SERVICE Returned EXECUTED filed by MATTHEW SMITH, AKILA RADHAKRISHNAN as to LISA M PALLUCONI. (HOGLE, CHARLES) (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

PACER
18

SERVICE Returned EXECUTED filed by MATTHEW SMITH, AKILA RADHAKRISHNAN as to All Defendants. (HOGLE, CHARLES) (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

PACER
9

SERVICE Returned EXECUTED filed by MATTHEW SMITH, AKILA RADHAKRISHNAN as to DONALD J TRUMP. (HOGLE, CHARLES) (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

PACER

Set Answer Deadline for DONALD J TRUMP: Answer due by 6/17/2025. (slg)

April 21, 2025

April 21, 2025

PACER

Set Answer Deadline for US DEPARTMENT OF JUSTICE: Answer due by 6/16/2025. (slg)

April 21, 2025

April 21, 2025

PACER

Set Answer Deadline for US DEPARTMENT OF STATE, MARCO RUBIO, US DEPARTMENT OF THE TREASURY, US DEPARTMENT OF JUSTICE, PAMELA BONDI, OFFICE OF FOREIGN ASSETS CONTROL, LISA M PALLUCONI : Answer due by 6/16/2025. (slg)

April 21, 2025

April 21, 2025

PACER

Set Answer Deadline for SCOTT BESSENT : Answer due by 6/16/2025. (slg)

April 21, 2025

April 21, 2025

PACER
19

MOTION for Preliminary Injunction by MATTHEW SMITH, AKILA RADHAKRISHNAN Responses due by 5/16/2025. (Attachments: # 1 Exhibit Declaration of Matthew Smith, # 2 Exhibit Declaration of Akila Radhakrishnan)(HOGLE, CHARLES) (Entered: 04/25/2025)

1 Exhibit Declaration of Matthew Smith

View on PACER

2 Exhibit Declaration of Akila Radhakrishnan

View on PACER

April 25, 2025

April 25, 2025

Clearinghouse
20

NOTICE of Hearing on Motion 19 MOTION for Preliminary Injunction : Telephone Conference set for 4/29/2025 01:00 PM before JUDGE NANCY TORRESEN. All participants will be provided with the Court's call-in information.(slg) (Entered: 04/28/2025)

April 28, 2025

April 28, 2025

PACER
21

NOTICE of Appearance by RYAN UNDERWOOD on behalf of All Defendants (UNDERWOOD, RYAN) (Entered: 04/28/2025)

April 28, 2025

April 28, 2025

PACER
22

Minute Entry for proceedings held before JUDGE NANCY TORRESEN: Telephone Conference held. (Court Reporter: Lori Dunbar) (slg) (Entered: 04/29/2025)

April 29, 2025

April 29, 2025

PACER
23

RESPONSE in Opposition re 19 MOTION for Preliminary Injunction filed by US DEPARTMENT OF STATE, MARCO RUBIO, US DEPARTMENT OF THE TREASURY, SCOTT BESSENT, US DEPARTMENT OF JUSTICE, PAMELA BONDI, OFFICE OF FOREIGN ASSETS CONTROL, LISA M PALLUCONI, DONALD J TRUMP. Reply due by 5/30/2025. (UNDERWOOD, RYAN) (Entered: 05/16/2025)

May 16, 2025

May 16, 2025

RECAP
24

Unopposed MOTION to exceed page limit by MATTHEW SMITH, AKILA RADHAKRISHNAN Responses due by 6/17/2025. (HOGLE, CHARLES) (Entered: 05/27/2025)

May 27, 2025

May 27, 2025

PACER
25

ORDER granting 24 Unopposed Motion to Exceed Page Limits. By JUDGE NANCY TORRESEN. (slg) (Entered: 05/28/2025)

May 28, 2025

May 28, 2025

PACER
25

ORDER granting 24 Unopposed Motion to Exceed Page Limits. By JUDGE NANCY TORRESEN. (slg) (Entered: 05/28/2025)

May 28, 2025

May 28, 2025

PACER

Order on Motion for Miscellaneous Relief 1

May 28, 2025

May 28, 2025

PACER

Order on Motion for Miscellaneous Relief 1

May 28, 2025

May 28, 2025

PACER
26

REPLY to Response to Motion re 19 MOTION for Preliminary Injunction filed by MATTHEW SMITH, AKILA RADHAKRISHNAN. (HOGLE, CHARLES) (Entered: 05/30/2025)

May 30, 2025

May 30, 2025

PACER
27

NOTICE/CORRESPONDENCE Re: Factual Developments by All Defendants (UNDERWOOD, RYAN) (Entered: 06/11/2025)

June 11, 2025

June 11, 2025

RECAP
28

Consent MOTION to Extend Time to File Answer by US DEPARTMENT OF STATE, MARCO RUBIO, US DEPARTMENT OF THE TREASURY, SCOTT BESSENT, US DEPARTMENT OF JUSTICE, PAMELA BONDI, OFFICE OF FOREIGN ASSETS CONTROL, LISA M PALLUCONI, DONALD J TRUMP Responses due by 7/3/2025. (Attachments: # 1 Text of Proposed Order)(UNDERWOOD, RYAN) (Entered: 06/12/2025)

June 12, 2025

June 12, 2025

PACER
29

ORDER granting 28 Motion for Extension of Time. Defendants will answer or otherwise respond to Plaintiffs' Complaint within 14 days of the Court's order on Plaintiffs' Motion for Preliminary Injunction (ECF No. 19). By MAGISTRATE JUDGE KAREN FRINK WOLF. (WOLF, KAREN) (Entered: 06/13/2025)

June 13, 2025

June 13, 2025

PACER

Order on Motion for Extension of Time to Answer

June 13, 2025

June 13, 2025

PACER
30

ORDER ON MOTION FOR PRELIMINARY INJUNCTION re: 19 Motion for Preliminary Injunction By JUDGE NANCY TORRESEN. (mjlt) (Entered: 07/18/2025)

July 18, 2025

July 18, 2025

RECAP

Set Answer Deadline In accordance with the Court's Order [ECF 29]: Defendants' Answer due by 8/1/2025. (mjlt)

July 18, 2025

July 18, 2025

PACER
31

First AMENDED COMPLAINT against All Defendants, filed by MATTHEW SMITH, AKILA RADHAKRISHNAN. (Service of Process Deadline 10/20/2025)(HOGLE, CHARLES) (Entered: 07/22/2025)

July 22, 2025

July 22, 2025

RECAP

Reset Answer Deadline as to all Defendants in light of Amended Complaint: Answer due by 8/5/2025. (slg)

July 22, 2025

July 22, 2025

PACER
32

Consent MOTION to Extend Time to File Answer to the Amended Complaint by SCOTT BESSENT, PAMELA BONDI, OFFICE OF FOREIGN ASSETS CONTROL, LISA M PALLUCONI, MARCO RUBIO, DONALD J TRUMP, US DEPARTMENT OF JUSTICE, US DEPARTMENT OF STATE, US DEPARTMENT OF THE TREASURY Responses due by 8/22/2025. (UNDERWOOD, RYAN) (Entered: 08/01/2025)

Aug. 1, 2025

Aug. 1, 2025

PACER
33

ORDER granting 32 Motion for Extension of Time. Defendants' response to Amended Complaint due September 4, 2025. By MAGISTRATE JUDGE KAREN FRINK WOLF. (WOLF, KAREN) (Entered: 08/01/2025)

Aug. 1, 2025

Aug. 1, 2025

PACER

Order on Motion for Extension of Time to Answer

Aug. 1, 2025

Aug. 1, 2025

PACER

Reset Answer Deadline for SCOTT BESSENT, PAMELA BONDI, OFFICE OF FOREIGN ASSETS CONTROL, LISA M PALLUCONI, MARCO RUBIO, DONALD J TRUMP, US DEPARTMENT OF JUSTICE, US DEPARTMENT OF STATE, US DEPARTMENT OF THE TREASURY: Answer due by 9/4/2025. (slg)

Aug. 1, 2025

Aug. 1, 2025

PACER