Case: Zaid v. Executive Office of the President

1:25-cv-01365 | U.S. District Court for the District of District of Columbia

Filed Date: May 5, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged President Trump's usage of a presidential memorandum to retaliate against certain named individuals, including plaintiff, by revoking their security clearances. Plaintiff, an attorney specializing in national security law, spent over three decades representing federal employees, contractors, or whistleblowers who were harmed by or being investigated by the U.S. government. Plaintiff's clients were often members of law enforcement, the military, or the intelligence community…

This case challenged President Trump's usage of a presidential memorandum to retaliate against certain named individuals, including plaintiff, by revoking their security clearances. Plaintiff, an attorney specializing in national security law, spent over three decades representing federal employees, contractors, or whistleblowers who were harmed by or being investigated by the U.S. government. Plaintiff's clients were often members of law enforcement, the military, or the intelligence community; his representation of these clients thus required access to classified information. Plaintiff alleged that Trump's memorandum revoking that access, and its implementation by various U.S. government agencies, violated the Administrative Procedure Act, the First Amendment, and due process.

On May 5, 2025, plaintiff filed this lawsuit in the U.S. District Court for the District of Columbia against the United States of America, the Executive Office of the President, the Department of Defense, the Defense Counterintelligence and Security Agency, the Central Intelligence Agency, and the Office of the Director of National Intelligence. Plaintiff sought a declaration that Trump's memorandum was unconstitutional both on its face and as applied; an injunction preventing further implementation of Trump's memorandum against plaintiff; a hearing clearing plaintiff's name; and attorneys' fees. The case was assigned to District Judge Amir H. Ali.

On May 21, 2025, plaintiff filed a motion for a preliminary injunction, arguing that the gravity of the First Amendment interests at stake and the severity of the economic damage to his business justified injunctive relief to prevent irreparable harm. On May 30, 2025, defendants filed a motion to dismiss the case, contending that Trump's decision to revoke a security clearance was not reviewable by the courts and that courts may not enjoin the President.

Oral arguments on both motions were held on June 27, 2025. The court's rulings on each are pending.

This case is ongoing.

Summary Authors

Matt Petrillo (6/30/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70139392/parties/zaid-v-executive-office-of-the-president/


Attorney for Plaintiff

Donovan, Margaret (District of Columbia)

Attorney for Defendant
Expert/Monitor/Master/Other

Bakaj, Andrew Peter (District of Columbia)

Citron, Eric F. (District of Columbia)

Connell, Elisabeth (District of Columbia)

Ferster, Andrea C. (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:25-cv-01365

Complaint for Declaratory and Injunctive Relief

May 5, 2025

May 5, 2025

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70139392/zaid-v-executive-office-of-the-president/

Last updated Aug. 29, 2025, 9 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-11667027) filed by MARK S. ZAID. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons)(Lowell, Abbe) (Attachment 1 replaced on 5/6/2025) (zmtm). (Entered: 05/05/2025)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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May 5, 2025

May 5, 2025

Clearinghouse
2

NOTICE of Appearance by Margaret Donovan on behalf of MARK S. ZAID (Donovan, Margaret) (Entered: 05/05/2025)

May 5, 2025

May 5, 2025

PACER
3

SEALED DOCUMENT filed by MARK S. ZAID(This document is SEALED and only available to authorized persons.)(Lowell, Abbe) (Entered: 05/05/2025)

May 5, 2025

May 5, 2025

PACER
4

SUMMONS (6) Issued Electronically as to All Defendants. (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 05/06/2025)

1 Notice and Consent

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May 6, 2025

May 6, 2025

PACER
5

REQUEST FOR SUMMONS TO ISSUE to the U.S. Attorney and U.S. Attorney General filed by MARK S. ZAID. (Attachments: # 1 Summons to U.S. Attorney)(Lowell, Abbe) (Entered: 05/06/2025)

May 6, 2025

May 6, 2025

PACER
6

SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (mg) (Entered: 05/06/2025)

May 6, 2025

May 6, 2025

PACER

Case Assigned to Judge Amir H. Ali. (zmtm)

May 6, 2025

May 6, 2025

PACER

Case Assigned/Reassigned

May 6, 2025

May 6, 2025

PACER

Notice of Error- New Case

May 6, 2025

May 6, 2025

PACER

NOTICE OF NEW CASE ERROR The following error(s) need correction: Missing summonses- U.S. government. When naming a U.S. government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue. (zmtm)

May 6, 2025

May 6, 2025

PACER
7

STANDING ORDER. The parties are ordered to comply with the directives set forth in the attached standing order. Signed by Judge Amir H. Ali on 5/15/2025. (lcaha2) (Entered: 05/15/2025)

May 15, 2025

May 15, 2025

PACER
8

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/6/2025. Answer due for ALL FEDERAL DEFENDANTS by 7/5/2025. (Attachments: # 1 Exhibit Proof of Service - USAO-DC)(Donovan, Margaret) (Entered: 05/15/2025)

May 15, 2025

May 15, 2025

PACER
10

NOTICE of Appearance by David A. Kolansky on behalf of MARK S. ZAID (Kolansky, David) (Entered: 05/21/2025)

May 21, 2025

May 21, 2025

PACER
11

NOTICE of Appearance by Richard Lawson on behalf of All Defendants (Lawson, Richard) (Entered: 05/21/2025)

May 21, 2025

May 21, 2025

PACER
9

MOTION for Preliminary Injunction by MARK S. ZAID. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Plaintiff Mark Zaid, # 3 Declaration of Marc Polymeropolous, # 4 Exhibit Expert Report of J. William Leonard, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Exhibit 8, # 13 Exhibit 9, # 14 Exhibit 10, # 15 Exhibit 11, # 16 Exhibit 12, # 17 Exhibit 13, # 18 Exhibit 14, # 19 Text of Proposed Order)(Lowell, Abbe) (Entered: 05/21/2025)

1 Memorandum in Support

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2 Declaration of Plaintiff Mark Zaid

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3 Declaration of Marc Polymeropolous

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4 Exhibit Expert Report of J. William Leonard

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5 Exhibit 1

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6 Exhibit 2

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7 Exhibit 3

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8 Exhibit 4

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9 Exhibit 5

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10 Exhibit 6

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11 Exhibit 7

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12 Exhibit 8

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13 Exhibit 9

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14 Exhibit 10

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15 Exhibit 11

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16 Exhibit 12

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17 Exhibit 13

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18 Exhibit 14

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19 Text of Proposed Order

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May 21, 2025

May 21, 2025

RECAP

Status Report Order

May 21, 2025

May 21, 2025

PACER

MINUTE ORDER. The Court is in receipt of Plaintiff's 9 motion for preliminary injunction. The parties are directed to meet, confer, and file a joint status report proposing a briefing schedule by 6:00 p.m. on May 22, 2025. Signed by Judge Amir H. Ali on 5/21/2025. (lcaha2)

May 21, 2025

May 21, 2025

PACER
12

Joint STATUS REPORT by MARK S. ZAID. (Attachments: # 1 Text of Proposed Order)(Lowell, Abbe) (Entered: 05/22/2025)

1 Text of Proposed Order

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May 22, 2025

May 22, 2025

RECAP

.Order AND ~Util - Set/Reset Deadlines

May 22, 2025

May 22, 2025

PACER

MINUTE ORDER. The Court is in receipt of the parties' 12 joint status report. The Court adopts the following briefing schedule: Defendants shall file a consolidated opposition to Plaintiff's 9 motion for preliminary injunction and opening Rule 12 motion by May 30, 2025. Plaintiff shall file a consolidated reply in support of the motion for preliminary injunction and opposition to the Rule 12 motion by June 13, 2025. Defendants shall file a reply in support of the Rule 12 motion by June 20, 2025. Signed by Judge Amir H. Ali on 5/22/2025. (lcaha2)

May 22, 2025

May 22, 2025

PACER
13

REQUEST FOR LEAVE TO FILE REVIEW. The attached document requires leave to file: JASON GOODMAN'S MOTION for Leave to File Amicus Brief. Reason(s): Filer is not a party to the case. (Attachments: # 1 Proposed Amicus Brief, # 2 Text of Proposed Order) (mg) (Entered: 05/28/2025)

May 26, 2025

May 26, 2025

PACER
14

Unopposed MOTION for Leave to File Amicus Brief by PAST PRESIDENTS OF DC BAR ET AL.. (Attachments: # 1 Exhibit Amicus Brief, # 2 Appendix List of Amici, # 3 Text of Proposed Order)(Ferster, Andrea) (Entered: 05/28/2025)

May 28, 2025

May 28, 2025

PACER
15

Unopposed MOTION for Leave to File Amicus Brief by First Amendment Scholars. (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Exhibit Text of Proposed Order)(Schulz, David) (Entered: 05/28/2025)

1 Exhibit Proposed Amicus Brief

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2 Exhibit Text of Proposed Order

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May 28, 2025

May 28, 2025

PACER
18

REQUEST FOR LEAVE TO FILE REVIEW. The attached document requires leave to file: JASON GOODMAN'S MOTION for Judicial Forfeiture. Reason(s): Filer is not a party to the case. (mg) (Main Document 18 replaced on 5/29/2025) (mg). (Entered: 05/29/2025)

May 28, 2025

May 28, 2025

PACER
16

NOTICE of Appearance by David A. Schulz on behalf of First Amendment Scholars (Schulz, David) (Entered: 05/29/2025)

May 29, 2025

May 29, 2025

PACER
17

NOTICE of Appearance by Andrea C. Ferster on behalf of PAST PRESIDENTS OF DC BAR ET AL. (Ferster, Andrea) (Main Document 17 replaced on 5/29/2025) (mg). (Entered: 05/29/2025)

May 29, 2025

May 29, 2025

PACER
19

NOTICE of Filing (Physical Exhibit - Exhibit 6) by MARK S. ZAID re 9 Motion for Preliminary Injunction,, (Donovan, Margaret) (Entered: 05/29/2025)

May 29, 2025

May 29, 2025

RECAP
20

Unopposed MOTION for Leave to File Amicus Brief by GOVERNMENT ACCOUNTABILITY PROJECT. (Attachments: # 1 Exhibit Amicus Brief, # 2 Text of Proposed Order)(Connell, Elisabeth) (Entered: 05/29/2025)

1 Exhibit Amicus Brief

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2 Text of Proposed Order

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May 29, 2025

May 29, 2025

PACER
21

NOTICE of Appearance by Elisabeth Connell on behalf of GOVERNMENT ACCOUNTABILITY PROJECT (Connell, Elisabeth) (Entered: 05/29/2025)

May 29, 2025

May 29, 2025

PACER
22

MOTION to Dismiss by EXECUTIVE OFFICE OF THE PRESIDENT. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Lawson, Richard) (Entered: 05/30/2025)

1 Memorandum in Support

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2 Text of Proposed Order

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May 30, 2025

May 30, 2025

RECAP
23

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Eric R. Olson, Filing fee $ 100, receipt number ADCDC-11752160. Fee Status: Fee Paid. by LAW FIRM PARTNERS UNITED INC.. (Attachments: # 1 Declaration)(Citron, Eric) (Entered: 06/12/2025)

1 Declaration

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June 12, 2025

June 12, 2025

RECAP
24

NOTICE of Appearance by Andrew Peter Bakaj on behalf of WHISTLEBLOWER AID (Bakaj, Andrew) (Entered: 06/12/2025)

June 12, 2025

June 12, 2025

PACER
25

Unopposed MOTION for Leave to File Amicus Brief by WHISTLEBLOWER AID. (Attachments: # 1 Exhibit Amicus Brief, # 2 Text of Proposed Order)(Bakaj, Andrew) (Entered: 06/12/2025)

1

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June 12, 2025

June 12, 2025

PACER
26

NOTICE of Appearance by Stephen Craig Leckar on behalf of Aaron H. Caplan (Leckar, Stephen) (Entered: 06/13/2025)

June 13, 2025

June 13, 2025

PACER
27

Unopposed MOTION for Leave to File Amicus Brief by Aaron H. Caplan. (Attachments: # 1 Exhibit Amicus Brief of Professor Aaron H. Caplan Regarding Attainder, # 2 Text of Proposed Order)(Leckar, Stephen) (Entered: 06/13/2025)

1

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June 13, 2025

June 13, 2025

PACER
28

NOTICE of Appearance by Eric R. Olson on behalf of LAW FIRM PARTNERS UNITED INC. (Olson, Eric) (Entered: 06/13/2025)

June 13, 2025

June 13, 2025

RECAP
29

Unopposed MOTION for Leave to File Amicus Brief by LAW FIRM PARTNERS UNITED INC.. (Attachments: # 1 Exhibit Amicus Brief, # 2 Text of Proposed Order)(Olson, Eric) (Entered: 06/13/2025)

1 Exhibit Amicus Brief

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2 Text of Proposed Order

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June 13, 2025

June 13, 2025

RECAP
30

Memorandum in opposition to re 22 MOTION to Dismiss filed by MARK S. ZAID. (Attachments: # 1 Exhibit 15, # 2 Text of Proposed Order (Amended))(Lowell, Abbe) (Entered: 06/13/2025)

1 Exhibit 15

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2 Text of Proposed Order (Amended)

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June 13, 2025

June 13, 2025

RECAP
31

REPLY to opposition to motion re 9 Motion for Preliminary Injunction,, filed by MARK S. ZAID. (Attachments: # 1 Exhibit 15, # 2 Text of Proposed Order (Amended))(Lowell, Abbe) (Entered: 06/13/2025)

1 Exhibit 15

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2 Text of Proposed Order (Amended)

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June 13, 2025

June 13, 2025

RECAP

Order on Motion for Leave to Appear Pro Hac Vice

June 13, 2025

June 13, 2025

PACER

MINUTE ORDER granting 23 motion for leave to appear pro hac vice. Attorney Eric R. Olson is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Amir H. Ali on 6/13/2025. (lcaha2)

June 13, 2025

June 13, 2025

PACER
32

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Christopher Mattei, Filing fee $ 100, receipt number ADCDC-11757868. Fee Status: Fee Paid. by MARK S. ZAID. (Attachments: # 1 Exhibit Declaration of Christopher Mattei, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Donovan, Margaret) (Entered: 06/16/2025)

June 16, 2025

June 16, 2025

PACER

Notice of Provisional/Government Not Certified Status

June 16, 2025

June 16, 2025

PACER

RESOLVED.....NOTICE of Provisional/Government Not Certified Status re 24 NOTICE of Appearance by Andrew Peter Bakaj on behalf of WHISTLEBLOWER AID (Bakaj, Andrew).Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 6/23/2025. (zapb) Modified on 6/17/2025 (zapb).

June 16, 2025

June 16, 2025

PACER

MINUTE ORDER. The Court will hold a motion hearing on Plaintiff's 9 motion for preliminary injunction and Defendants' 22 motion to dismiss on June 27, 2025, at 1:30 p.m. in Courtroom 19. Each party will be given an opportunity to make submissions on the motions. A public access line will be provided for the hearing: the toll-free number is 833-990-9400, and the Meeting ID is 771021014. Persons remotely accessing court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. See In re: Prohibition on Photographing, Recording, Broadcasting, and Livestreaming Judicial Proceedings, Standing Order 24-31 (JEB) (Sept. 18, 2024). Signed by Judge Amir H. Ali on 6/17/2025. (lcaha2)

June 17, 2025

June 17, 2025

PACER

.Order AND ~Util - Set/Reset Hearings

June 17, 2025

June 17, 2025

PACER
33

REPLY to opposition to motion re 22 Motion to Dismiss filed by CENTRAL INTELLIGENCE AGENCY, DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY, DEPARTMENT OF DEFENSE, EXECUTIVE OFFICE OF THE PRESIDENT, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, UNITED STATES OF AMERICA. (Lawson, Richard) (Entered: 06/20/2025)

June 20, 2025

June 20, 2025

PACER
35

REQUEST FOR LEAVE TO FILE REVIEW. The attached document requires leave to file: JASON GOODMAN'S MOTION to ALTER JUDGMENT. Reason(s): Filer is not a party to the case. (mg) (Entered: 06/26/2025)

June 23, 2025

June 23, 2025

PACER
34

NOTICE of Appearance by Michael Kenneth Velchik on behalf of All Defendants (Velchik, Michael) (Entered: 06/25/2025)

June 25, 2025

June 25, 2025

RECAP
36

NOTICE of Appearance by Joshua Gabriel Kolb on behalf of All Plaintiffs (Kolb, Joshua) (Main Document 36 replaced on 6/28/2025) (mg). (Entered: 06/27/2025)

June 27, 2025

June 27, 2025

PACER

Order on Motion for Leave to Appear Pro Hac Vice

June 27, 2025

June 27, 2025

PACER

Motion Hearing

June 27, 2025

June 27, 2025

PACER

MINUTE ORDER granting 32 motion for leave to appear pro hac vice. Attorney Christopher Mattei is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Amir H. Ali on 6/27/2025. (lcaha2)

June 27, 2025

June 27, 2025

PACER

Minute Entry for proceedings held before Judge Amir H. Ali: Motion Hearing held on 6/27/2025 re 9 Motion for Preliminary Injunction and 22 Motion to Dismiss. Oral arguments heard. (Court Reporter: Sonja Reeves) (zalh)

June 27, 2025

June 27, 2025

PACER
37

NOTICE of Appearance by Christopher Mattei on behalf of MARK S. ZAID (Mattei, Christopher) (Entered: 06/30/2025)

June 30, 2025

June 30, 2025

PACER
38

NOTICE OF SUPPLEMENTAL AUTHORITY by MARK S. ZAID (Attachments: # 1 Susman Godfrey v. EOP et al., Memorandum Opinion, # 2 Susman Godfrey v. EOP et al., Order)(Lowell, Abbe) (Entered: 06/30/2025)

1 Susman Godfrey v. EOP et al., Memorandum Opinion

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2 Susman Godfrey v. EOP et al., Order

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June 30, 2025

June 30, 2025

PACER
39

MOTION for Leave to File Amicus Brief by JASON GOODMAN. (Attachments: # 1 Proposed Amicus Brief, # 2 Text of Proposed Order)(mg) (Entered: 07/01/2025)

July 1, 2025

July 1, 2025

PACER

Order on Leave to File Review

July 1, 2025

July 1, 2025

PACER

MINUTE ORDER re 13 Request for Leave to File Review. Leave to file is granted. The Clerk is directed to file the attached document on the public docket. The motion for leave to file amicus brief is held in abeyance. Signed by Judge Amir H. Ali on 7/1/2025. (lcaha2)

July 1, 2025

July 1, 2025

PACER
40

TRANSCRIPT OF MOTION HEARING before Judge Amir H. Ali held on June 27, 2025; Page Numbers: 1-91. Date of Issuance: July 8, 2025. Court Reporter/Transcriber Sonja L. Reeves, RDR, CRR, Telephone number (202) 354-3246, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/29/2025. Redacted Transcript Deadline set for 8/8/2025. Release of Transcript Restriction set for 10/6/2025.(Reeves, Sonja) (Entered: 07/08/2025)

July 8, 2025

July 8, 2025

PACER
41

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- George Croner, Filing fee $ 100, receipt number ADCDC-11807951. Fee Status: Fee Paid. by MARK S. ZAID. (Attachments: # 1 Exhibit Declaration of George Croner, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Donovan, Margaret) (Entered: 07/09/2025)

July 9, 2025

July 9, 2025

PACER
42

MOTION for Leave to File Supplemental Facts by MARK S. ZAID. (Attachments: # 1 Exhibit Supplemental Declaration of Mark S. Zaid, # 2 Text of Proposed Order)(Donovan, Margaret) (Entered: 08/06/2025)

1 Exhibit Supplemental Declaration of Mark S. Zaid

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2 Text of Proposed Order

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Aug. 6, 2025

Aug. 6, 2025

RECAP

Case Details

State / Territory: District of Columbia

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: May 5, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Attorney active in national security and whistleblower representation requiring a security clearance

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States (- United States (national) -), Federal

Central Intelligence Agency (District of Columbia), Federal

Department of Defenese (District of Columbia), Federal

Office of the Director of National Intelligence (District of Columbia), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Access to lawyers or judicial system