by Norman L. Eisen, Ryan Goodman, Siven Watt, Francois Barrilleaux, Sasha Matsuki and Arava Rose
December 5, 2023
This repository contains a collection of information for researchers, journalists, educators, scholars, and the public at large. This particular repository is part of a much larger collection – the Trump Trials Clearinghouse – which contains similar documents and information related to other criminal and civil trials involving former President Donald Trump.
The repository and other parts of the Trump Trials Clearinghouse will be continually updated. If you think the repository is missing something, please send recommendations for additional content by email to lte@justsecurity.org.
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Relevant Court Proceedings
Charging Instrument
- Indictment of Donald Trump (Aug. 1, 2023)
Motions to Dismiss and Strike
- Order denying Trump Motions to dismiss the indictment based on Presidential Immunity and constitutional grounds (Dec. 1, 2023)
- Opinion denying Trump Motions to dismiss the indictment based on Presidential Immunity and constitutional grounds (Dec. 1, 2023)
- Trump reply in support of motion to dismiss the indictment based on Presidential Immunity (Oct. 26, 2023)
- Government response in opposition to Trump motion to dismiss the indictment based on Presidential Immunity (Oct. 19, 2023)
- Trump motion to dismiss the indictment based on Presidential Immunity (Oct. 5, 2023)
- Minute order denying as moot Trump motion to stay case pending resolution of motion to dismiss the indictment based on Presidential Immunity (Dec. 1, 2023)
- Trump reply in support of motion to stay case pending resolution of motion to dismiss the indictment based on Presidential Immunity (Nov. 15, 2023)
- Government opposition to Trump motion to stay case pending resolution of motion to dismiss the indictment based on Presidential Immunity (Nov. 6, 2023)
- Trump opposed motion to stay case pending resolution of motion to dismiss indictment based on Presidential Immunity (Nov. 1, 2023)
- Order denying Trump Motions to dismiss the indictment based on Presidential Immunity and constitutional grounds (Dec. 1, 2023)
- Trump reply in support of motion to dismiss the indictment based on statutory grounds (Nov. 22, 2023)
- Trump reply in support of motion to dismiss the indictment based on constitutional grounds (Nov. 22, 2023)
- Government omnibus opposition to Trump motions to dismiss the indictment on statutory and constitutional grounds (Nov. 6, 2023)
- Order granting government opposed motion for leave to file oversized omnibus opposition brief to Trump Oct. 23 motions to dismiss based on constitutional and statutory grounds (Nov. 5, 2023)
- Trump response to government motion for leave to file oversized omnibus opposition brief to Trump Oct. 23 motions to dismiss based on constitutional and statutory grounds (Nov. 4, 2023)
- Government opposed motion for leave to file oversized omnibus opposition brief to Trump Oct. 23 motions to dismiss based on constitutional and statutory grounds (Nov. 3, 2023)
- Trump motion to dismiss the indictment based on statutory grounds and memorandum in support (Oct. 23, 2023)
- Trump motion to dismiss the indictment based on constitutional grounds and memorandum in support (Oct. 23, 2023)
- Order granting and denying in part Trump opposed motion for extension of time to file reply briefs in non-immunity motions to dismiss, motion to strike, and motion to stay pending resolution of Presidential Immunity motion, and setting new reply dates (Nov. 13, 2023)
- Government opposition to Trump opposed motion for extension of time to file reply briefs in non-immunity motions to dismiss, motion to strike, and motion to stay pending resolution of Presidential Immunity motion (Nov. 13, 2023)
- Trump opposed motion for extension of time to file reply briefs in non-immunity motions to dismiss, motion to strike, and motion to stay pending resolution of Presidential Immunity motion (Nov. 12, 2023)
- Trump reply in support of motion to dismiss the charges for selective and vindictive prosecution (Nov. 22, 2023)
- Opinion and order denying Trump motion to strike inflammatory allegations from the indictment (Nov. 17, 2023)
- Trump reply in support of motion to strike inflammatory allegations from the indictment (Nov. 15, 2023)
- Government opposition to Trump motion to strike inflammatory allegations from the indictment (Nov. 6, 2023)
- Trump motion to strike inflammatory allegations from the indictment and memorandum in support (Oct. 23, 2023)
Scheduling and Speedy Trial
- Opinion and order on Trump motion to access CIPA Section 4 filings and adjournment CIPA section 5 deadline, and motion for extension of time to file pretrial motions (Oct. 6, 2023)
- Trump reply in support of motion for extension of Oct. 9 deadline to file pretrial motions (Oct. 5, 2023)
- Government opposition motion to Trump motion for extension of Oct. 9 deadline to file pretrial motions (Oct. 2, 2023)
- Trump motion for extension of Oct. 9 deadline to file pretrial motions (Sept. 28, 2023)
- Trump motion for briefing schedule (Sept. 14, 2023)
- Pretrial order setting trial date to March 4, 2024, and scheduling (Aug. 28, 2023)
- Government reply to Trump response in opposition to the government proposed trial calendar (Aug. 21, 2023)
- Government opposed motion for leave to file reply to Trump opposition to government trial calendar (Aug. 21, 2023)
- Trump response in opposition to government proposed trial calendar, instead requesting an April 2026 trial date (Aug. 17, 2023)
- Government response in opposition to Trump motion for exclusion of time under the Speedy Trial Act (Aug. 10, 2023)
- Government response to the Aug. 3 minute order asking for proposed trial date, suggesting Jan. 2, 2024 (Aug. 10, 2023)
- Trump motion for exclusion of time (the 25 days between Aug. 3 and Aug. 28, 2023) from the Speedy Trial Act calculation (Aug. 8, 2023)
Discovery and Discovery Protective Orders
- Minute order setting opposition and reply schedule to Trump motion to compel (Nov. 28, 2023)
- Trump motion to compel discovery (Nov. 27, 2023)
- Protective order governing discovery and authorizing disclosure of grand jury testimony (Aug. 11, 2023)
- Joint notice in response to Aug. 7 court minute order directing parties to inform the court of availability to attend hearing on government motion for a protective order (Aug. 8, 2023)
- Government reply in support of its motion for a protective order (Aug. 7, 2023)
- Trump response in opposition to government motion for a protective order (Aug. 7, 2023)
- Government response in opposition to Trump motion for extension of time (Aug. 5, 2023)
- Trump motion to revise briefing schedule and set oral argument regarding government motion for a protective order, and proposed order (Aug. 5, 2023)
- Government motion for a protective order, and proposed order (Aug. 4, 2023)
Classified Information Procedures Act (CIPA)
- Trump second CIPA Section 5 notice (Nov. 28, 2023)
- Government notice of filing, through the Classified Information Security Officer, a pleading entitled “Government’s Response to Defendant’s Discovery Objection” (Nov. 22, 2023)
- Minute order granting Trump Nov. 21 unopposed motion for extension of time to file an opposition to the government classified motion to strike Trump CIPA Section 5 notice, setting new opposition deadline as Nov. 27 (Nov. 21, 2023)
- Government notice of filing reply to defendant CIPA § 5 brief (Nov. 9, 2023).
- Order that government complete reply to defendant CIPA § 5 notice brief (Nov. 8, 2023).
- Order directing government to submit, through designated Classified Information Security Officer, a brief on why redactions in certain classified discovery are not discoverable (Nov. 8, 2023)
- Opinion and order granting government Sept. 25 motion for a CIPA Section 4 protective order, and denying Trump motion for access to the government sealed motion (Nov. 1, 2023)
- Trump CIPA Section 5 notice and objection to unauthorized deletions of classified information (Oct. 26, 2023)
- Government opposition to Trump second motion for access to government Sept. 25 CIPA Section 4 filing (Oct. 18, 2023)
- Trump second motion for access to government Sept. 25 CIPA Section 4 filing (Oct. 11, 2023)
- Trump counsel notice of compliance to initiate and complete all security clearance tasks as directed by DOJ’s Litigation Security Group (Oct. 11, 2023)
- Opinion and order on Trump motion to access CIPA Section 4 filings and adjournment CIPA section 5 deadline, and motion for extension of time to file pretrial motions (Oct. 6, 2023)
- Trump reply in support of motion for access to CIPA Section 4 filing and an adjournment of the CIPA Section 5 deadline (Oct. 5, 2023)
- Government opposition to Trump motion for access to government Sept. 25 CIPA Section 4 filing and an adjournment of the CIPA Section 5 deadline (Oct. 2, 2023)
- Trump motion for access to government Sept. 25 CIPA Section 4 notice of filing and adjournment of his CIPA Section 5 deadline (Sept. 27, 2023)
- Cover sheet of government classified ex parte, in camera, and under seal motion for a CIPA Section 4 protective order (Sept. 25, 2023)
- Order granting government unopposed motion for a protective order pursuant to the CIPA (Aug. 22, 2023)
- Government unopposed motion for a protective order pursuant to CIPA (Aug. 22, 2023)
- Government consent motion to appoint a classified information security officer (Aug. 22, 2023)
- Government motion for a pretrial conference pursuant to CIPA (Aug. 10, 2023)
Extrajudicial Statements
- Trump response to Government Rule 28(j) letter to court drawing its attention to a sworn affirmation by an employee of the New York State Unified Court System in the Trump New York civil fraud trial regarding threats posed by his Oct. 3, 2023 social media post (Nov. 24, 2023)
- Courtroom minutes of oral argument in Trump appeal of Oct. 17 order limiting extrajudicial prejudicial statements (Nov. 20, 2023)
- Trump reply brief in his appeal of Oct. 17 order limiting extrajudicial prejudicial statements (Nov. 17, 2023)
- Government supplemental appendix (Nov. 14, 2023)
- Government unopposed motion to file supplemental appendix (Nov. 14, 2023)
- Government answering brief (Nov. 14, 2023)
- Joint appendix in Trump appeal of Oct. 17 order limiting extrajudicial prejudicial statements (Nov. 8, 2023)
- Trump appeal brief in his appeal of Oct. 17 order limiting extrajudicial prejudicial statements (Nov. 8, 2023)
- D.C. appeal court order allotting time for oral argument in Trump appeal of Oct. 17 order limiting extrajudicial prejudicial statements, and confirming the appeal panel as Circuit Judges Millett, Pillard, and Garcia (Nov. 7, 2023)
- D.C. appeal court granting administrative stay pending appeal of Oct. 17 order limiting extrajudicial prejudicial statements and setting briefing and oral arguments schedule (Nov. 3, 2023)
- Trump emergency motion to D.C. appeal court for stay of Oct. 17 order limiting extrajudicial prejudicial statements pending appeal and request for temporary administrative stay (Nov. 2, 2023) (see link to appeal court docket, Case No.: 23-3190)
- Opinion and order denying Trump Oct. 20 motion to stay Oct. 17 opinion and order pending appeal, and lifting the Oct. 20 administrative stay (Oct. 29, 2023)
- Trump reply in support of Oct. 20 motion for stay of Oct. 17 opinion and order pending appeal (Oct. 28, 2023)
- Government opposition to Trump Oct. 20 motion for of Oct. 17 opinion and order pending appeal (Oct. 25, 2023)
- Minute order administratively staying Oct. 17 opinion and order, and setting deadlines for oppositions and replies to Trump motion to for stay pending appeal (Oct. 20, 2023)
- Trump opposed motion for stay pending appeal of Oct. 17 opinion and order, request for temporary administrative stay, and memorandum in support (Oct. 20, 2023)
- Trump notice of appeal of opinion and order on limiting extrajudicial prejudicial statements (Oct. 17, 2023)
- Opinion and order on limiting extrajudicial prejudicial statements (Oct. 17, 2023)
- Minute order directing Oct. 16 hearing on Government motion to limit prejudicial extrajudicial statements (Sept. 29, 2023)
- Government reply in support of opposed motion to limit prejudicial extrajudicial statements (Sept. 29, 2023)
- Trump response in opposition to government motion to limit prejudicial extrajudicial statements (Sept. 25, 2023)
- Government motion to limit prejudicial extrajudicial statements (Sept. 15, 2023)
- Opinion and order granting the government’s motion for leave to file unredacted motion (to limit prejudicial extrajudicial statements) under seal, and to file redacted motion on public docket, and granting in part and denying in part Trump motion for Briefing Schedule (Sept. 15, 2023)
Recusal
- Order and opinion denying Trump motion for recusal of Judge Tanya Chutkan (Sept. 27, 2023)
- Trump reply in support of motion for recusal of Judge Tanya Chutkan (Sept. 17, 2023)
- Government response in opposition to Trump motion for recusal of Judge Tanya Chutkan (Sept. 14, 2023)
- Trump motion for recusal of Judge Tanya Chutkan (Sept. 11, 2023)
Voir Dire and Jurors
- Order granting government motion for fair and protective jury procedures (Nov. 2, 2023)
- Government reply in support of motion for fair and protective jury procedures (and proposed order) (Oct. 25, 2023)
- Trump response to government opposed motion for fair and protective jury procedures (Oct. 20, 2023)
- Minute order setting deadlines for Trump to file opposition to, and Government to file reply in support of, Government motion for fair and protective jury procedures — Oct. 20 and 25, respectively (Oct. 10, 2023)
- Government opposed motion for fair and protective jury procedures (Oct. 10, 2023)
Trial Defenses
- Opinion and order directing Trump to provide formal notice of whether he intends to assert advice-of-counsel defense, and, if he does, provide gov’t with the required discovery (Nov. 8, 2023)
- Government reply in support of opposed motion for formal pretrial notice of Trump intent to rely on advice-of-counsel defense (Oct. 25, 2023)
- Trump response in opposition to government opposed motion for formal pretrial notice of Trump intent to rely on advice-of-counsel defense (Oct. 20, 2023)
- Minute order setting deadlines for Trump to file opposition to, and Government to file reply in support of, Government motion for notice of Trump intent to rely on advice-of-counsel defense — Oct. 20 and 25, respectively (Oct. 10, 2023)
- Government opposed motion for formal pretrial notice of Trump intent to rely on advice-of-counsel defense by Dec. 18 (and proposed order) (Oct. 10, 2023)
Trial Witnesses
- Opinion and order denying Trump Oct. 11 motion for pretrial Rule 17(c) subpoenas (Nov. 27, 2023)
- Order granting in part and denying in part Trump motion to extend deadlines for motions to compel and for Rule 17(c) subpoenas (Nov. 7, 2023)
- Trump reply in support of motion for extension of Nov. 9 deadline to file Rule 17(c) motions and motions to compel (Nov. 6, 2023)
- Government opposition to Trump motion for extension of Nov. 9 deadline to file Rule 17(c) motions and motions to compel (Nov. 3, 2023)
- Minute order as to oppositions and replies to Trump motion for extension of Nov. 9 deadline to file Rule 17(c) motions and motions to compel (Nov. 2, 2023)
- Trump opposed motion for extension of Nov. 9 deadline to file Rule 17(c) motions and motions to compel (Nov. 1, 2023)
- Trump reply in support of motion for pretrial Rule 17(c) subpoenas (Nov. 1, 2023)
- Government opposition to Trump motion for pretrial Rule 17(c) subpoenas (Oct. 25, 2023)
- Minute order setting deadlines for government opposition to, and Trump reply in support of, Trump motion for pretrial Rules 17(c) subpoenas (Oct. 11, 2023)
- Trump motion for pretrial Rule 17(c) subpoenas and accompanying memorandum of law (Oct. 11, 2023)
Other Matters
- Trump redacted motion for an order regarding the scope of the prosecution team (and exhibits) (Nov. 27, 2023) [e-filed Nov. 29]
- Minute order granting Trump motion for leave to file under seal and redacted motion for an order regarding the scope of the prosecution team and its discovery obligations, and ordering redacted version to be publicly filed, and setting opposition and reply schedule (Nov. 28, 2023
- Trump motion for an order regarding the scope of the prosecution team and its discovery obligations (Nov. 27, 2023)
- Trump motion for leave to file under seal and unredacted a motion and exhibits for an order regarding the scope of the prosecution team and its discovery obligations (Nov. 27, 2023)
- Order setting Trump conditions of release (Aug. 3, 2023)
- Court summons of Trump (Aug. 3, 2023)
- Order granting government motion to seal (Aug. 1, 2023)
- Government motion to seal the case (Aug. 1, 2023)
Key Statutes
- Electoral Count Act of 1887
- Counting Electoral Votes in Congress 3 U.S.C § 15
- Conspiracy Against Rights 18 U.S.C. § 241 (DOJ Explainer)
- Conspiracy to Commit Offense or to Defraud United States 18 U.S.C § 371
- Conspiracy to Obstruct an Official Proceeding 18 U.S.C. § 1512(k)
- Obstruction of and Attempt to Obstruct an Official Proceeding 18 U.S.C. §§ 1512(c)(2), 2
Just Security Writings
Public Resources and Expert Backgrounders and Guidance
- Ciara Torres-Spelliscy, How Jack Smith May Charge Trump PAC with Fraudulent Fundraising Within the Bounds of First Amendment, Just Security (Aug. 24, 2023)
- Tom Joscelyn, Comparing the Trump Indictment and the January 6th Select Committee’s Final Report, Just Security (Aug. 3, 2023)
- Ryan Goodman and Andrew Weissmann, An Overlooked January 6 Charge: The “Stop the Count” Scheme, Just Security (July 30, 2023)
- Norman L. Eisen, Ryan Goodman, Joshua Kolb and Jacob Gaba, Unpacking the “Surprise” Crime in DOJ’s Target Letter to Trump, Just Security (July 20, 2023)
- Norman L. Eisen, Noah Bookbinder, Donald Ayer, Joshua Stanton, E. Danya Perry, Debra Perlin, Kayvan Farchadi and Jason Powell, Trump on Trial: A Model Prosecution Memo for Federal Election Interference Crimes, Just Security (July 13, 2023)
Analysis
- Laurence H. Tribe, Anatomy of a Fraud: Kenneth Chesebro’s Misrepresentation of My Scholarship in His Efforts to Overturn the 2020 Presidential Election, Just Security (Aug 8, 2023)
- Albert W. Alschuler, Will Mark Meadows Be A Principal Witness Against Donald Trump?, Just Security (Aug 8, 2023)
- Tom Joscelyn, Norman L. Eisen and Fred Wertheimer, How Trump’s CNN Town Hall Remarks Put Him in Greater Legal Peril for Jan. 6 Investigations, Just Security (May 12, 2023)
- Albert W. Alschuler, Seditious Conspiracy vs. Insurrection: Assessing the Evidence Against Trump, Just Security (Aug. 19, 2022)
- Albert W. Alschuler, Trump and the Insurrection Act: The Legal Framework, Just Security (Aug. 16, 2022)
Media and Other Resources
- Norman Eisen and Joshua Kolb, Two courts blow up Trump’s immunity claims, MSNBC (Dec. 4, 2023)
- Quinta Jurecic and Benjamin Wittes, Taking Trump’s Presidential Immunity Briefing Seriously, Lawfare (Oct. 23, 2023)
- Michelle Cottle, Taylor Maggiacomo, and Norman Eisen, The Key Players in Trump’s Plot to Upend the Election, Mapped, The New York Times (Aug. 31, 2023)
- Katherine Faulders, Alexander Mallin, and Luke Barr, Timeline: Special Counsel's Probe into Trump's Efforts to Overturn 2020 Election, ABC News (Aug. 28, 2023)
- Katie S. Phang, Read Annotated Trump Indictment from Jack Smith's 2020 Election Probe, MSNBC (Aug 3, 2023)
- Charlie Savage and Adam Goldman, The Trump Jan. 6 Indictment, Annotated, The New York Times (Aug. 1, 2023)
- Norman Eisen, Donald B. Ayer, Joshua Perry, Noah Bookbinder and E. Danya Perry, Trump on Trial: A Guide to the January 6 Hearings and the Question of Criminality, The Brookings Institution (June 6, 2022)
Selected Trump Statements
- Donald Trump, Truth Social Post saying Protective Order in Jan. 6 Case would Violate his Free Speech, NY1 (Sept. 13, 2023)
- Donald Trump, Truth Social Post calling Judge Tanya Chutkan "VERY BIASED & UNFAIR!" Truth Social (Aug. 14, 2023)
- Donald Trump, Truth Social Post including Screenshot of Anti-Judge Chutkan Post, Truth Social (Aug. 13, 2023)
- Donald Trump, Truth Social Post calling Jack Smith "Deranged," Truth Social (Aug. 7, 2023)
- Donald Trump, Truth Social Post stating "IF YOU GO AFTER ME, I'M COMING AFTER YOU!" CBS News (Aug. 4, 2023)
Related Clearinghouse of Select Committee Materials and Other Resources
- Ryan Goodman, Justin Hedrix, and Norman L. Eisen, January 6 Clearinghouse, Just Security (Sept. 1, 2023)