Case: Biden v. U.S. Department of Justice

Biden Jr. v. U.S. Department of Justice

COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 405 receipt number ADCDC-12444453) filed by JOSEPH R. BIDEN, JR.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet, # 5 Summons to U.S. Department of Justice, # 6 Summons to Attorney General of the United States, # 7 Summons to U.S. Attorney's Office for D.C.)(Jeffress, Amy) (Entered: 05/26/2026)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Civil Cover Sheet

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5 Summons to U.S. Department of Justice

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6 Summons to Attorney General of the United States

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7 Summons to U.S. Attorney's Office for D.C.

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SEALED DOCUMENT filed by JOSEPH R. BIDEN, JR. re 1 Complaint, (This document is SEALED and only available to authorized persons.)(Jeffress, Amy) (Entered: 05/26/2026)

NOTICE OF RELATED CASE by JOSEPH R. BIDEN, JR.. Case related to Case No. 24-645-DLF. (Jeffress, Amy) (Entered: 05/26/2026)

NOTICE of Appearance by Kaitlin Brooke Konkel on behalf of JOSEPH R. BIDEN, JR. (Konkel, Kaitlin) (Entered: 05/26/2026)

SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 05/27/2026)

Case Assigned/Reassigned

Case Assigned to Judge Dabney L. Friedrich. (znmw)

.Order

Order

MINUTE ORDER. Before the Court is the plaintiff's 1 Complaint and 3 Notice of Related case, which indicates that this APA action is related to a FOIA action already before this Court, 24-cv-645. The Court recognizes that both cases concern the Department's release of the Zwonitzer materials, but this 1 Complaint relates to the release of those materials to Congress, which raises different legal claims under the APA and different legal issues, including the scope of Article I powers. Accordingly, it is ORDERED that both parties shall file, on or before 10:00 a.m. on May 28, 2026, briefs of no more than five pages that address, with supporting caselaw, whether this case is properly related to 24-cv-645 under Local Rule 40.5(a)(3). So Ordered by Judge Dabney L. Friedrich on May 27, 2026. (lcdlf2)

RESPONSE TO ORDER OF THE COURT re Order,,, / Brief of Plaintiff Joseph R. Biden, Jr., Regarding May 27, 2026, Minute Order filed by JOSEPH R. BIDEN, JR.. (Jeffress, Amy) (Entered: 05/28/2026)

RESPONSE TO ORDER OF THE COURT re Order by U.S. DEPARTMENT OF JUSTICE. (Halloran, John) Modified event on 5/31/2026 (znmw). (Entered: 05/28/2026)

Order

MINUTE ORDER. Upon consideration of the plaintiff's 1 Complaint, which notes that he "intends to file [a] preliminary injunction motion" and that he is "conferring with the Department... regarding a proposed briefing schedule," and the Department's June 15, 2026 disclosure date, it is ORDERED that, on or before 9:00 a.m. on May 29, 2026, the parties shall file a proposed briefing schedule for the forthcoming motion. So Ordered by Judge Dabney L. Friedrich on May 28, 2028. (lcdlf2)

ORDER transferring this case to the Calendar and Case Management Committee for random reassignment. See text for details. Signed by Judge Dabney L. Friedrich on May 29, 2026. (lcdlf2) (Entered: 05/29/2026)

NOTICE Regarding Proposed Briefing Schedule (Joint) by JOSEPH R. BIDEN, JR. re Order,, (Jeffress, Amy) (Entered: 05/29/2026)

NOTICE of Appearance by John J Halloran, Jr on behalf of U.S. DEPARTMENT OF JUSTICE (Halloran, John) (Entered: 05/29/2026)

NOTICE of Appearance by Elizabeth J. Shapiro on behalf of All Defendants (Shapiro, Elizabeth) (Entered: 05/29/2026)

Case Assigned/Reassigned

Case randomly reassigned to Judge Tanya S. Chutkan pursuant to 8 Order dated 5/29/2026. Judge Dabney L. Friedrich is no longer assigned to the case. (ztnr)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Taisa M. Goodnature, Filing fee $ 100, receipt number ADCDC-12455535. Fee Status: Fee Paid. by JOSEPH R. BIDEN, JR.. (Attachments: # 1 Declaration of Taisa M. Goodnature, # 2 Certificate of Good Standing (DC), # 3 Text of Proposed Order)(Jeffress, Amy) (Entered: 06/01/2026)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jared M. Hirschfield, Filing fee $ 100, receipt number ADCDC-12455621. Fee Status: Fee Paid. by JOSEPH R. BIDEN, JR.. (Attachments: # 1 Declaration of Jared M. Hirschfield, # 2 Certificate of Good Standing (NY), # 3 Text of Proposed Order)(Jeffress, Amy) (Entered: 06/01/2026)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- H. Atticus Ballesteros, Filing fee $ 100, receipt number ADCDC-12455695. Fee Status: Fee Paid. by JOSEPH R. BIDEN, JR.. (Attachments: # 1 Declaration of H. Atticus Ballesteros, # 2 Certificate of Good Standing (DC), # 3 Text of Proposed Order)(Jeffress, Amy) (Entered: 06/01/2026)

NOTICE of Appearance by Taisa M. Goodnature on behalf of JOSEPH R. BIDEN, JR. (Goodnature, Taisa) (Entered: 06/01/2026)

NOTICE of Appearance by Jared M. Hirschfield on behalf of JOSEPH R. BIDEN, JR. (Hirschfield, Jared) (Entered: 06/01/2026)

NOTICE of Appearance by Alexander William Resar on behalf of All Defendants (Resar, Alexander) (Entered: 06/01/2026)

Unopposed MOTION to Intervene by COMMITTEE ON THE JUDICIARY OF THE U.S. HOUSE OF REPRESENTATIVES. (Attachments: # 1 Declaration Declaration of Todd B. Tatelman, # 2 Text of Proposed Order)(Berry, Matthew) (Entered: 06/01/2026)

1 Declaration Declaration of Todd B. Tatelman

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2 Text of Proposed Order

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NOTICE of Appearance by Matthew B. Berry on behalf of COMMITTEE ON THE JUDICIARY OF THE U.S. HOUSE OF REPRESENTATIVES (Berry, Matthew) (Entered: 06/01/2026)

NOTICE of Appearance by Todd Barry Tatelman on behalf of COMMITTEE ON THE JUDICIARY OF THE U.S. HOUSE OF REPRESENTATIVES (Tatelman, Todd) (Entered: 06/01/2026)

NOTICE of Appearance by Sarah Edith Clouse on behalf of COMMITTEE ON THE JUDICIARY OF THE U.S. HOUSE OF REPRESENTATIVES (Clouse, Sarah) (Entered: 06/01/2026)

NOTICE of Appearance by Andy Wang on behalf of COMMITTEE ON THE JUDICIARY OF THE U.S. HOUSE OF REPRESENTATIVES (Wang, Andy) (Entered: 06/01/2026)

MOTION for Preliminary Injunction by JOSEPH R. BIDEN, JR.. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Amy Jeffress, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Text of Proposed Order)(Jeffress, Amy) (Entered: 06/01/2026)

1 Memorandum in Support

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2 Declaration of Amy Jeffress

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3 Exhibit 1

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4 Exhibit 2

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5 Exhibit 3

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6 Exhibit 4

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7 Exhibit 5

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8 Exhibit 6

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9 Exhibit 7

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10 Exhibit 8

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11 Exhibit 9

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12 Exhibit 10

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13 Exhibit 11

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14 Exhibit 12

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15 Text of Proposed Order

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NOTICE of Hearing: Status Conference set for 6/2/2026 at 10:00 AM in Courtroom 9- In Person before Judge Tanya S. Chutkan. (zcll)

Notice of Hearing

Order on Motion for Leave to Appear Pro Hac Vice

.Order AND ~Util - Set/Reset Deadlines

.Order

MINUTE ORDER: The Court will provide access for the public to telephonically attend the hearing scheduled for June 2nd, 2026 at 10:00 a.m. The hearing can be accessed through dialing the Toll Free Number: 833-990-9400, Meeting ID: 493633106. It is hereby ORDERED that the attendees using the public access telephone line shall adhere to the following: persons remotely accessing court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings (including those held by telephone or videoconference). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the presiding Judge. Signed by Judge Tanya S. Chutkan on 6/1/2026. (zcll)

Order

MINUTE ORDER: In light of the parties' 9 Joint Notice, Plaintiff's Motion for Preliminary Injunction is due by 6/1/2026. Defendant's Opposition, if any, is due by 6/8/2026. Plaintiff's Reply, if any, is due by 6/10/2026. Signed by Judge Tanya S. Chutkan on 6/1/2026. (lcjb)

MINUTE ORDER: Plaintiff's 12 Motion for Leave to Appear Pro Hac Vice is GRANTED. Taisa M. Goodnature is hereby admitted pro hac vice to represent Plaintiff 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 Tanya S. Chutkan on 6/1/2026. (lcjb)

MINUTE ORDER: Plaintiff's 13 Motion for Leave to Appear Pro Hac Vice is GRANTED. Jared M. Hirschfield is hereby admitted pro hac vice to represent Plaintiffs 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 Tanya S. Chutkan on 6/1/2026. (lcjb)

MINUTE ORDER: Plaintiff's 14 Motion for Leave to Appear Pro Hac Vice is GRANTED. Henry Atticus Ballesteros is hereby admitted pro hac vice to represent Plaintiff 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 Tanya S. Chutkan on 6/1/2026. (lcjb)

NOTICE of Appearance by John Bailey on behalf of U.S. DEPARTMENT OF JUSTICE (Bailey, John) (Entered: 06/02/2026)

NOTICE of Appearance by H. Atticus Ballesteros on behalf of JOSEPH R. BIDEN, JR. (Ballesteros, H.) (Entered: 06/02/2026)

Order on Motion to Intervene

Minute Entry for Proceedings held before Judge Tanya S. Chutkan: Status Conference held on 6/2/2026. The Court GRANTS 18 Motion to Intervene as to COMMITTEE ON THE JUDICIARY OF THE U.S. HOUSE OF REPRESENTATIVES. COMMITTEE ON THE JUDICIARY OF THE U.S. HOUSE OF REPRESENTATIVES opposition to 23 is due by 6/8/2026. (Court Reporter Rebecca Monroe.) (zcll) Modified on 6/2/2026 to correct ECF link (zcll).

Memorandum in opposition to re 23 MOTION for Preliminary Injunction filed by COMMITTEE ON THE JUDICIARY OF THE U.S. HOUSE OF REPRESENTATIVES. (Attachments: # 1 Declaration of Todd B. Tatelman, # 2 Text of Proposed Order)(Berry, Matthew) (Entered: 06/08/2026)

1 Declaration of Todd B. Tatelman

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2 Text of Proposed Order

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Memorandum in opposition to re 23 MOTION for Preliminary Injunction filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of Peter A. Winn)(Resar, Alexander) (Entered: 06/08/2026)

1 Declaration of Peter A. Winn

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REPLY to opposition to motion re 23 Motion for Preliminary Injunction, filed by JOSEPH R. BIDEN, JR.. (Jeffress, Amy) (Entered: 06/10/2026)

MINUTE ORDER: Defendant has agreed to delay the release of the Zwonitzer materials to Plaintiffs in Heritage Foundation v. Department of Justice, No. 24-cv-645 until 6/19/2026 at 5 PM. In light of this development, the parties are hereby ORDERED to meet and confer, and to submit a Joint Status Report by 6/12/2026 addressing: (1) whether this case would likely be mooted if Defendants were permitted to release the Zwonitzer materials to Heritage Plaintiffs, and (2) whether Defendant would agree to delay release to the House Judiciary Committee until 6/22/2026 at 5 PM so this court can evaluate the effect that developments in No. 24-cv-645 have on Plaintiff's 23 Motion for a Preliminary Injunction in this matter. Signed by Judge Tanya S. Chutkan on 6/11/2026. (lcjb)

Order

Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Resar, Alexander) (Entered: 06/12/2026)

NOTICE OF WITHDRAWAL OF APPEARANCE as to JOSEPH R. BIDEN, JR.. Attorney Jared M. Hirschfield terminated. (Hirschfield, Jared) (Entered: 06/12/2026)

NOTICE by U.S. DEPARTMENT OF JUSTICE re Order,,,,,,, Set Deadlines,,,,,, (Resar, Alexander) (Entered: 06/19/2026)

MINUTE ORDER: The Department of Justice has agreed to withhold release of the Zwonitzer materials to the House Judiciary Committee until 5 pm on June 22, 2026 to permit the court to evaluate the effect of a ruling in No. 24-cv-645 on the issues presented in this case. In the parties' 29 Joint Status Report, the parties largely agreed that if the court in No. 24-cv-645 permitted release of the Zwonitzer materials to the Heritage Foundation, it would likely render this case moot. The court in No. 24-cv-645 has now issued an Order which has the effect of permitting such release. See Order, ECF No. 77. Although Plaintiff has indicated an intention to appeal that Order, the Court of Appeals would likely resolve that emergency appeal in short order. Given that the issues presented in this case may soon become moot, this court believes that it is in the interest of judicial economy and restraint to defer a decision on Plaintiff's 23 Motion for a Preliminary Injunction until any stay proceedings in No. 24-cv-645 are resolved, especially because that could avoid an unnecessary ruling on novel issues which implicate the separation of powers. Cf. United States v. Waksberg, 112 F.3d 1225, 1227 (D.C. Cir. 1997) (noting that courts have "an obligation to avoid constitutional questions if at all possible" (cleaned up)). The Department is hereby ORDERED by 8 p.m. today to indicate whether it agrees to defer release of the materials to the Committee until three days after any stay proceedings in No. 24-cv-645 are resolved. Signed by Judge Tanya S. Chutkan on 6/19/2026. (lcjb)

Order

NOTICE re: status of proceedings in Heritage v. DOJ, Nos. 26-cv-645 (DLF) (D.D.C.) & 26-5235 (D.C. Cir.) by JOSEPH R. BIDEN, JR. (Jeffress, Amy) (Entered: 07/08/2026)

MINUTE ORDER: The Department of Justice has agreed to withhold release of the Zwonitzer materials to the House Judiciary Committee until 5 pm on July 13, 2026 to permit the court to evaluate the effect of a ruling by the D.C. Circuit in No. 26-5235. The D.C. Circuit has now indicated that it will grant or deny an injunction pending appeal by July 20, 2026 at 11:59 pm, and issued an administrative injunction restraining the Department from releasing the Zwonitzer materials until that time. If the D.C. Circuit denies such an injunction, the Department has indicated that it would make the Zwonitzer materials available in a public reading room, which would likely preclude Plaintiff from showing irreparable harm from the release of those same materials to the House Judiciary Committee and/or moot this case. The court therefore continues to believe that it is in the interest of judicial economy and restraint to defer a decision on Plaintiff's 23 Motion for a Preliminary Injunction until after the D.C. Circuit issues its decision on July 20. Accordingly, it is hereby ORDERED by 7 pm on July 10, 2026 that the Department indicate, by email to Chambers and counsel, whether it agrees to defer release of the materials to the Committee until July 23, 2026 at 11:59 pm. If the Department does not so agree, the parties shall file a Joint Status Report by July 11, 2026 at 2 pm regarding whether this court has the same authority as the D.C. Circuit to issue an administrative injunction restraining the Department from releasing the Zwonitzer materials until July 23 at 11:59 pm. Signed by Judge Tanya S. Chutkan on 7/10/2026. (lcjb)

Order

Set/Reset Deadlines: Deadlines set pursuant to MO entered on 7/10/2026. (zcll)

Consent MOTION to Stay Deadline for Defendant and Defendant-Intervenor to Serve a Responsive Pleading by COMMITTEE ON THE JUDICIARY OF THE U.S. HOUSE OF REPRESENTATIVES, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order)(Resar, Alexander) (Entered: 07/21/2026)

1 Proposed Order

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MINUTE ORDER: The Department of Justice has agreed to defer release of the Zwonitzer materials to the House Judiciary Committee until July 23, 2026 at 11:59 pm. The D.C. Circuit has now denied Plaintiff an injunction pending appeal in No. 26-5235, but given Plaintiff until August 3, 2026 to, if he wishes, seek further review. The parties are hereby ORDERED to meet and confer and file a Joint Status Report by 7:00 pm on July 22, 2026. In the Report, Plaintiff shall indicate whether he intends to seek further review of the D.C. Circuit's decision in No. 26-5235. If Plaintiff does not intend to seek such review, Plaintiff shall show cause why his 23 Motion for a Preliminary Injunction should not be denied as moot and for failure to show irreparable harm. If Plaintiff intends to seek such review, the Department shall indicate whether it agrees to defer release of the materials to the Committee until August 6, 2026 at 11:59 pm. If the Department does not so agree, the parties shall indicate their positions on whether this court has authority to issue an administrative injunction restraining the Department from releasing the Zwonitzer materials until August 6, 2026 at 11:59 pm in the interest of judicial economy and restraint, i.e., avoiding an unnecessary ruling on novel issues which implicate the separation of powers. Signed by Judge Tanya S. Chutkan on 7/21/2026. (lcjb)

Order

MINUTE ORDER: Defendant and Defendant-Intervenor's 33 Consent Motion to Stay is GRANTED. Defendant and Defendant-Intervenor's deadline to respond to Plaintiff's 1 Complaint is hereby STAYED until 60 days after the resolution of Plaintiff's 23 Motion for Preliminary Injunction and any appeal, if taken, from an order granting or denying that Motion. Signed by Judge Tanya S. Chutkan on 7/21/2026. (lcjb)

MINUTE ORDER: Plaintiff's 34 Unopposed Motion for an Extension of Time is GRANTED. Plaintiff shall file a Notice of Voluntary Dismissal, or the parties shall file a Joint Status Report by 7/27/2026 at 5 pm. The Department of Justice has agreed not to release the Zwonitzer materials to the Committee before 7/30/2026 at 5 pm. Signed by Judge Tanya S. Chutkan on 7/22/2026. (lcjb)

Order on Motion for Extension of Time to File AND Set/Reset Deadlines

Order on Motion for Extension of Time to File

NOTICE of Voluntary Dismissal by JOSEPH R. BIDEN, JR. (Jeffress, Amy) (Entered: 07/24/2026)

Order on Motion for Preliminary Injunction

MINUTE ORDER: In light of Plaintiff's 35 Notice of Voluntary Dismissal, Plaintiff's 23 Motion for Preliminary Injunction is DENIED as moot and this case is hereby DISMISSED. The Department of Justice may release the materials at issue to the House Judiciary Committee. The Clerk of the Court shall close this case. Signed by Judge Tanya S. Chutkan on 7/27/2026. (lcjb)