Case: Freedom Economy Business Association v. United States Department of the Treasury

1:26-cv-03288 | U.S. District Court for the District of District of Columbia

Filed Date: Sept. 21, 2026

Case Ongoing

Clearinghouse coding in progress

Case Summary

[This summary is temporary, while we research the case.]

This case challenges Treasury and OMB’s alleged withholding and delay of $289 million in FY25 funding for Community Development Financial Institutions serving underserved communities. Freedom Economy alleges that Defendants delayed apportioning and obligating the funds, imposed an unauthorized OMB review condition, and sought to achieve through inaction the elimination of CDFI programs that Congress had rejected. It claims these actions violate the Administrative Procedure Act, the Appropriations Clause, and separation of powers. 
 

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/74824706/parties/freedom-economy-business-association-v-united-states-department-of-the/


Judge(s)

Nichols, Carl John (District of Columbia)

Attorney for Plaintiff

Wolff, Daniel W. (District of Columbia)

Attorney for Defendant

Elliott, Stephen McCoy (District of Columbia)

Friedman, William Ian (District of Columbia)

Documents in the Clearinghouse

Documents in this case
1

1:26-cv-03288

Complaint for Declaratory and Injunctive Relief

Sept. 21, 2026

Sept. 21, 2026

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/74824706/freedom-economy-business-association-v-united-states-department-of-the/

Last updated Oct. 7, 2026, 10:11 a.m.

Docket for: Freedom Economy Business Association v. United States Department of the Treasury
ECF Number Date Description Link
1 Sept. 21, 2026

COMPLAINT for Declaratory and Injunctive Relief against SCOTT BESSENT, COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND, CHRIS MILLER, UNITED STATES DEPARTMENT OF THE TREASURY ( Filing fee $ 405 receipt number ADCDC-12687190) filed by FREEDOM ECONOMY BUSINESS ASSOCIATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Attorney General, # 3 Summons Secretary of Treasury, # 4 Summons Treasury General Counsel, # 5 Summons Department of Treasury, # 6 Summons U.S. Attorney)(Wolff, Daniel) (Entered: 09/21/2026)

1 Civil Cover Sheet

View on PACER

2 Summons Attorney General

View on PACER

3 Summons Secretary of Treasury

View on PACER

4 Summons Treasury General Counsel

View on PACER

5 Summons Department of Treasury

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6 Summons U.S. Attorney

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Clearinghouse
2 Sept. 21, 2026

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by FREEDOM ECONOMY BUSINESS ASSOCIATION. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Text of Proposed Order)(Wolff, Daniel) (Entered: 09/21/2026)

RECAP
3 Sept. 21, 2026

SUMMONS (4) Issued Electronically as to SCOTT BESSENT, UNITED STATES DEPARTMENT OF THE TREASURY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 09/21/2026)

RECAP
4 Sept. 21, 2026

REQUEST FOR SUMMONS TO ISSUE filed by FREEDOM ECONOMY BUSINESS ASSOCIATION. Related document: 1 Complaint,, filed by FREEDOM ECONOMY BUSINESS ASSOCIATION. (Attachments: # 1 Summons)(Wolff, Daniel) (Entered: 09/21/2026)

RECAP
5 Sept. 21, 2026

SUMMONS (2) Issued Electronically as to COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND, CHRIS MILLER. (znmw) (Entered: 09/21/2026)

RECAP
Sept. 21, 2026

Notice of Error- New Case

Sept. 21, 2026

Case Assigned/Reassigned

Sept. 21, 2026

~Util - Set/Reset Deadlines

Sept. 21, 2026

Case Assigned to Judge Carl J. Nichols. (znmw)

Sept. 21, 2026

NOTICE OF NEW CASE ERROR regarding 1 Complaint. The following error(s) need correction: Missing summonses for CHRIS MILLER, COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND. Please file using the event Request for Summons to issue. (znmw)

Sept. 21, 2026

MINUTE ORDER. In light of Plaintiff's 2 Motion for Temporary Restraining Order and Motion for Preliminary Injunction, it is ORDERED that by 5:00pm EST on September 22, 2026, the Parties shall meet, confer, and file a Joint Status Report addressing the following issues: (1) a proposed briefing schedule for the 2 Motion; (2) whether a hearing on the 2 Motion is necessary, and if so, a proposed date and time for such a hearing; and (3) whether the Parties anticipate factual disputes between affiants. The Parties may also address any other issues that they believe will be helpful to the Court. Any disagreements should be noted in the Joint Status Report. It is further ORDERED that Plaintiff shall serve this Minute Order on Defendants. So ORDERED by Judge Carl J. Nichols on 09/21/2026. (lccjn3)

6 Sept. 22, 2026

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Alphonso David, Filing fee $ 100, receipt number ADCDC-12691529. Fee Status: Fee Paid. by FREEDOM ECONOMY BUSINESS ASSOCIATION. (Wolff, Daniel) (Entered: 09/22/2026)

RECAP
7 Sept. 22, 2026

Joint STATUS REPORT by FREEDOM ECONOMY BUSINESS ASSOCIATION. (Wolff, Daniel) (Entered: 09/22/2026)

RECAP
8 Sept. 22, 2026

SCHEDULING ORDER. Signed by Judge Carl J. Nichols on 09/22/2026. (lccjn3) (Entered: 09/22/2026)

RECAP
9 Sept. 23, 2026

STANDING ORDER. Signed by Judge Carl J. Nichols on 09/23/2026. (lccjn3) (Entered: 09/23/2026)

RECAP
10 Sept. 23, 2026

NOTICE of Appearance by Stephen McCoy Elliott on behalf of SCOTT BESSENT, COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND, CHRIS MILLER, UNITED STATES DEPARTMENT OF THE TREASURY (Elliott, Stephen) (Entered: 09/23/2026)

RECAP
Sept. 24, 2026

Order on Motion for Leave to Appear Pro Hac Vice

Sept. 24, 2026

MINUTE ORDER. The Court having considered the 6 Motion to Appear Pro Hac Vice of Alphonso David, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(c), it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that attorney Alphonso David is ADMITTED to practice before the Court pro hac vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. So ORDERED by Judge Carl J. Nichols on 09/24/2026. (lccjn3)

11 Sept. 25, 2026

Memorandum in Opposition re 2 MOTION for Temporary Restraining Order Opposition to Motion for Preliminary Injunction filed by SCOTT BESSENT, COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND, CHRIS MILLER, UNITED STATES DEPARTMENT OF THE TREASURY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Text of Proposed Order)(Elliott, Stephen) Modified event on 9/28/2026 (znmw). (Entered: 09/25/2026)

RECAP
12 Sept. 25, 2026

MOTION for Extension of Time to File by SCOTT BESSENT, CHRIS MILLER, UNITED STATES DEPARTMENT OF THE TREASURY. (Elliott, Stephen) (Entered: 09/25/2026)

RECAP
13 Sept. 25, 2026

NOTICE of Appearance by William Ian Friedman on behalf of All Defendants (Friedman, William) (Entered: 09/25/2026)

RECAP
14 Sept. 25, 2026

REPLY re 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Brief in Support of Motion for Temporary Restraining Order and Preliminary Injunction filed by FREEDOM ECONOMY BUSINESS ASSOCIATION. (Wolff, Daniel) Modified event on 9/28/2026 (znmw). (Entered: 09/25/2026)

RECAP
Sept. 25, 2026

Order on Motion for Extension of Time to File

Sept. 25, 2026

MINUTE ORDER. Defendants' 12 Motion for Extension of Time is GRANTED nunc pro tunc. So ORDERED by Judge Carl J. Nichols on 09/25/2026. (lccjn3)

Sept. 27, 2026

~Util - Set/Reset Deadlines

Sept. 27, 2026

MINUTE ORDER. In light of the Government's 11 Response and Plaintiff's 14 Reply, the Court ORDERS the Government to provide a more detailed declaration made under oath to support its contention that the CDFI program funding at issue has been obligated. The Government shall file the declaration on or before September 28, 2026, at 12:00 p.m. ET. In addition to addressing whether the CDFI program funds have been obligated, the declaration shall address how much funding has been obligated; whether Notice of Awards have been issued, and if so, how many. Lastly, the Government shall address whether any Assistance Agreements have been executed, and if so, how many. So ORDERED by Judge Carl J. Nichols on 09/27/2026. (lccjn3)

15 Sept. 28, 2026

DECLARATION OF CHRISTOPHER MILLER by SCOTT BESSENT, COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND, CHRIS MILLER, UNITED STATES DEPARTMENT OF THE TREASURY. (Friedman, William) (Entered: 09/28/2026)

RECAP
Sept. 28, 2026

Motion Hearing AND ~Util - Set/Reset Deadlines

Sept. 28, 2026

Minute Entry for proceedings held before Judge Carl J. Nichols: TRO Motion Hearing held on 9/28/2026. For the reasons stated on the record, the parties are ordered to meet and confer and file a Joint Status Report by 11:00 AM on 9/29/2026. (Court Reporter: Lorraine Herman) (zkh)

16 Sept. 29, 2026

Joint STATUS REPORT by FREEDOM ECONOMY BUSINESS ASSOCIATION. (Wolff, Daniel) (Entered: 09/29/2026)

RECAP
Sept. 29, 2026

~Util - Set/Reset Deadlines/Hearings

Sept. 29, 2026

Order on Motion for Preliminary Injunction AND Order on Motion for TRO

Sept. 29, 2026

Motion Hearing AND ~Util - Set/Reset Deadlines

Sept. 29, 2026

MINUTE ORDER. Upon consideration of the 16 Joint Status Report, the Parties are ORDERED to appear at a telephonic hearing at 3:00pm ET today, September 29, 2026. So ORDERED by Judge Carl J. Nichols on 09/29/2026. (lccjn3)

Sept. 29, 2026

Minute Entry for Telephonic Motion Hearing held on 9/29/2026 before Judge Carl J. Nichols: The matter was before the Court for oral ruling on Plaintiff's Motion 2 for Temporary Restraining Order and Preliminary Injunction. For the reasons stated, the Court DENIED Plaintiff's Motion for TRO and PI. Joint Status Report due by 10/14/2026 wherein the parties shall address any live counts that persist and if necessary, propose a summary judgment briefing schedule. Order to follow. (Court Reporter: Lorraine Herman)(mhp)

Sept. 29, 2026

MINUTE ORDER. The Court denies Plaintiff's 2 Motion for Temporary Restraining Order and Preliminary Injunction for the reasons the Court provided during the 3:00 p.m. ET hearing today, September 29, 2026. So ORDERED by Judge Carl J. Nichols on 09/29/2026. (lccjn3)

17 Oct. 2, 2026

Summons Returned Executed as to US Attorney

RECAP
18 Oct. 2, 2026

Summons Returned Executed as to U.S. Attorney General

RECAP
19 Oct. 2, 2026

Summons Returned Executed as to Federal Defendant

RECAP
20 Oct. 2, 2026

Summons Returned Executed as to Federal Defendant

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: Sept. 21, 2026

Case Ongoing: Yes

Case Details

Other Dockets:

District of District of Columbia 1:26-cv-03288

Available Documents:

Complaint (any)

Trial Court Docket

Recommended Citation