Docket Watch Trump Prosecuted in DC

Updated on Feb. 6, 2024.

Docket Watch: Trump Prosecuted in DC

United States of America v. Donald J. Trump

On Aug. 1, 2023, a federal grand jury voted to indict former President Donald Trump in connection with the Jan. 6 attack on the U.S. Capitol and his alleged attempts to overturn the results of the 2020 election. The indictment alleges that Trump was at the center of a monthslong effort to subvert a “bedrock function” of the U.S. government: “the nation’s process of collecting, counting, and certifying the results of the presidential election.” According to the indictment, Trump—alongside six co-conspirators—widely and knowingly disseminated lies that significant, outcome-determinative election fraud had occurred in multiple states, and pursued “unlawful means of discounting legitimate votes and subverting” the results of the presidential election that he lost.

This page is intended to track any primary source documents or other materials relating to the former president's indictment and subsequent proceedings in the Supreme Court of the United States, the Court of Appeals for the D.C. Circuit, and the District Court for D.C. This page will be updated regularly by Katherine Pompilio as new documents and materials are released. Find more primary source materials as well as Lawfare’s analysis and commentary on the Jan. 6 Project page.

Back to the Jan. 6 Prosecutions Page

Back to the Trump Trials Page

Documents

Supreme Court of the United States

Order denying the government's petition for a writ of certiorari before judgment (Dec. 22, 2023)

Government's reply brief (Dec. 21, 2023)

Trump's brief in opposition to petition for a writ of certiorari before judgment (Dec. 20, 2023)

Supreme Court’s order granting the government’s motion to expedite consideration of the petition for a writ of certiorari before judgment (Dec. 11, 2023)

Government’s motion to expedite briefing on the petition for a writ of certiorari before judgment and for expedited merits briefing if the court grants the petition (Dec. 11, 2023)

Government’s petition for a writ of certiorari before judgment (Dec. 11, 2023)

United States Court of Appeals for the District of Columbia Circuit

Per curiam opinion finding that Trump is not immune from prosecution (Feb. 6, 2024)

Per curiam judgement ordering that Trump is not immune from prosecution (Feb. 6, 2024)

Order denying Trump’s petition for a panel rehearing on his gag order (Jan. 23, 2024)

Order denying Trump’s petition for rehearing en banc (Jan. 23, 2024)

Court minutes of oral argument (Jan. 9, 2024)

Oral argument audio (Jan. 8, 2024)

Brief for amicus curiae law professor Victor Williams in support of appellant Trump (Jan. 5, 2024)

Motion for leave to file as amicus curiae by law professor Victor Williams in support of appellant Trump (Jan. 5, 2024)

Amicus curiae brief of Paul M. Dorsey supporting appellant and reversal (Jan. 4, 2024)

Trump's reply brief (Jan. 2, 2024)

Per curiam order filed granting motion of American Oversight for leave to participate as amicus curiae (Jan. 2, 2024)

Per Curiam order on the court’s own motion that counsel be prepared to address at oral argument on January 9, 2024, any inquiries by the Court regarding discrete issues raised in the briefs filed by amici curiae (Jan. 2, 2024)

Corrected amicus brief filed by Meese, Calabresi, and Lawson (Jan. 2, 2024)

Brief of Meese, Calabresi, and Lawson as amici curiae supporting neither party (Dec. 30, 2023)

Notice of intent to participate as amici curiae by former Attorney General Edwin Meese III and law professors Steven G. Calabresi and Gary S. Lawson (Dec. 30, 2023)

Answering brief for the United States (Dec. 29, 2023)

Brief of amicus curiae American Oversight in support of dismissal for lack of jurisdiction (Dec. 29, 2023)

Amended per curiam order amending oral argument time to include revised rebuttal time (Dec. 29, 2023)

Brief of former government officials and constitutional lawyers as amici curiae in support of appellee and affirmance (Dec. 29, 2023)

Motion of American Oversight for Leave to Participate as amicus curiae (Dec. 29, 2023)

Amended per curiam order allocating oral argument time (Dec. 29, 2023)

Per curiam order granting by former officials in five Republican administrations for leave to participate as amicus curiae in support of appellee (Dec. 26, 2023)

Trump’s opening appellate brief (Dec. 23, 2023)

Trump's petition for panel rehearing and en banc consideration and request for administrative stay for gag order (Dec. 18, 2023)

Order scheduling oral arguments (Dec. 18, 2023)

Per curiam order expediting appellate review (Dec. 13, 2023)

Government’s reply in support of its motion for expedited appellate review (Dec. 13, 2023)

Motion by former officials in five Republican administrations, et al, for leave to file an amici curiae brief supporting appellee and affirmance (Dec. 12, 2023)

Trump’s opposition to motion for expedited appellate review (Dec. 13, 2023)

Amici curiae brief of former officials in five Republican administrations, et al. supporting appellee and affirmance (Dec. 12, 2023)

Trump's docketing statement (Dec. 12, 2023)

Government’s opposed motion for expedited appellate review (Dec. 11, 2023)

Order affirming Judge Chutkan's gag order in part and vacating it in part (Dec. 8, 2023)

Trump's reply brief on his appeal of Judge Chutkan's gag order (Nov. 17, 2023)

Government's answering brief on Trump's appeal of Judge Chutkan's gag order (Nov. 14, 2023)

Trump's opening brief on his appeal of Judge Chutkan's gag order (Nov. 8, 2023)

U.S. Court of Appeals for the D.C. Circuit order to administratively stay Chutkan’s gag order pending further order of the appellate court (Nov. 3, 2023)

Trump's emergency motion for stay of Chutkan's gag order pending appeal and request for temporary administrative stay (Nov. 2, 2023)

United States District Court for the District of Columbia

Judge Chutkan's minute order vacating the the administration of a written questionnaire to prospective jurors, and vacating the order setting the trial date for March 4, 2024. The court will set a new schedule if and when the mandate is returned.

Judge Chutkan's opinion and order granting in part and denying in part Trump's motion to show cause why prosecutors should not be held in contempt (Jan. 18, 2024)

Trump's reply in support of motion for order to show cause (Jan. 12, 2024)

Government’s opposition to Trump’s motion for order to show cause (Jan. 5, 2024)

Trump’s opposed motion for order to show cause why prosecutors should not be held in contempt (Jan. 4, 2024)

Government’s motion in limine (Dec. 27, 2023)

Trump’s response to the government’s notice of service (Dec. 18, 2023)

Government’s notice of service (Dec. 18, 2023)

Judge Chutkan's order granting in part Trump's motion to stay the proceedings (Dec. 13, 2023)

Trump's reply in support of motion to stay proceedings pending appeal (Dec. 12, 2023)

Government's summary of anticipated expert summary (Dec. 11, 2023)

Government’s memorandum in opposition to Trump’s motion to stay proceeding pending appeal (Dec. 10, 2023)

Government’s opposition to Trump’s discovery motions (Dec. 9, 2023)

Judge Chutkan’s minute order requiring the government to file any opposition to Trump’s motion for order regarding automatic stay of proceedings pending appeal by 5 p.m. ET on Dec. 10, 2023, and requiring Trump’s to file any reply to the government’s opposition on Dec. 12, 2023. (Dec. 7, 2023)

Trump’s opposed motion to stay proceedings pending appeal (Dec. 7, 2023)

Trump’s notice of appeal to the D.C. Circuit of Chutkan’s order denying Trump’s motion to dismiss based on presidential immunity and motion to dismiss based on constitutional immunity (Dec. 7, 2023)

Government’s notice pursuant to federal rule of evidence 404(b) (Dec. 5, 2023)

Government’s notice of filing pursuant to CIPA Section 5 (Dec. 4, 2023)

Judge Chutkan’s minute order: “In light of the court's 172 Order denying Defendant's 74 Motion to Dismiss Based on Presidential Immunity; Defendant's 128 Motion to Stay Case Pending Immunity Determination is hereby DENIED as moot.” (Dec. 1, 2023)

Judge Chutkan’s order denying Trump’s motion to dismiss based on presidential immunity and motion to dismiss based on constitutional grounds (Dec. 1, 2023)

Judge Chutkan’s memorandum opinion denying Trump’s motion to dismiss based on presidential immunity and motion to dismiss based on constitutional grounds (Dec. 1, 2023)

Trump’s Redacted Motion for an Order Regarding the Scope of the Prosecution Team (Nov. 29, 2023)

Trump’s second CIPA Section 5 notice (Nov. 28, 2023)

Judge Chutkan’s minute order granting Trump’s motion for leave to file under seal: “The proposed filing contains Sensitive Materials, which the court has already determined warrant sealing. See Protective Order, ECF No. 28 . Defendant shall file under seal an unredacted copy of his Motion for an Order Regarding the Scope of the Prosecution Team, and shall publicly file a redacted copy of that Motion, by November 29, 2023. The court reminds Defendant that all motions must indicate whether they are opposed. Going forward, if any party seeks to make a filing under seal, the party shall file a sealed motion for leave to file under seal that attaches (1) an unredacted copy of the filing to be docketed under seal, and (2) a redacted copy of the filing that may be publicly docketed. If the court decides to grant such sealed motions for leave to file under seal, it will then direct the Clerk of the Court to docket those attached filings under seal and publicly, respectively. See, e.g., ECF No. 47 (Government's sealed motion for leave to file under seal); ECF No. 55 (court order granting motion and directing Clerk to docket filings appropriately); see also Protective Order at 4; Local R. Crim. P. 49(f)(6)(i). Filings that do not comply with those procedures may be stricken. It is further ORDERED that the Government shall file any opposition to Defendant's Motion for an Order Regarding the Scope of the Prosecution Team by December 9, 2023; and Defendant shall file any Reply in support of that Motion by December 14, 2023. In addition, the Government shall file any Opposition to Defendant's 167 Motion to Compel Discovery by December 11, 2023; and Defendant shall file any Reply in support of that Motion by December 18, 2023.” (Nov. 28, 2023)

Trump’s motion to compel discovery (Nov. 27, 2023)

Trump’s motion for leave to file under seal unredacted motion and exhibits #1, #2, #3 #4, #5, #6, #7, #8, #9, #10, #11, #12, #13, #14, #15, #16 (Nov, 27, 2023)

Judge Chutkan’s opinion and order denying Trump’s motion for Pretrial Rule 17(c) subpoenas (Nov. 27, 2023)

Trump’s reply in support of his motion to dismiss based on statutory grounds (Nov. 22, 2023)

Trump’s reply in support of his motion to dismiss based on constitutional grounds (Nov. 22, 2023)

Trump’s reply in support of his motion to dismiss for selective and vindictive prosecution (Nov. 22, 2023)

Government’s notice of filing “Government’s Response to Defendant’s Discovery Objection” through the classified information security officer (Nov. 22, 2023)

Chutkan’s minute order granting Trump’s unopposed motion for extension of time to file opposition to the special counsel’s classified CIPA Section 5 motion to strike to Nov. 27, 2023 (Nov. 21, 2023)

Trump’s unopposed motion for extension of time to file opposition to the special counsel’s classified CIPA Section 5 motion to strike (Nov. 21, 2023)

Judge Chutkan’s opinion and order denying Trump’s motion to strike inflammatory allegations from the indictment (Nov. 17, 2023)

Trump’s reply in support of of his motion to stay case pending resolution of motion to dismiss base (Nov. 15, 2023)

Trump’s reply in support of his motion to strike inflammatory allegations from the indictment (Nov. 15, 2023)

Judge Chutkan’s order granting in part and denying in part Trump’s motion for extension of time to file reply briefs (Nov. 13, 2023)

Government’s opposition to Trump’s motion for extension of time to file reply briefs (Nov. 13, 2023)

Trump’s opposed motion for extension of time to file reply briefs (Nov. 12, 2023)

Government’s notice of filing entitled “Government’s Motion to Strike Defendant’s CIPA Section 5 Notice” (Nov. 9, 2023)

Judge Chutkan’s order required the government to submit a classified brief responding to Trump’s objection set forth in this classified CIPA Section 5 submission (Nov. 8, 2023)

Judge Chutkan’s opinion and order granting in part and denying in part the government’s motion for formal pretrial notice of Trump’s intent to rely on advice of counsel defense (Nov. 8, 2023)

Judge Chutkan’s opinion and order granting in part and denying in part Trump’s motion for extension of time to file pretrial motions related to discovery and subpoenas (Nov. 7, 2023)

Notice of attorney appearance for Justice Department Attorney John Pellettieri (Nov. 6, 2023)

Government’s opposition to Trump’s motion to stay case pending resolution of motion to dismiss based on presidential immunity (Nov. 6, 2023)

Government’s opposition to Trump’s motion to dismiss for selective and vindictive prosecution (Nov. 6, 2023)

Government’s opposition to Trump’s motion to strike inflammatory allegations from the indictment (Nov. 6, 2023)

Government’s omnibus opposition to Trump’s motions to dismiss the indictment on statutory and constitutional grounds (Nov. 6, 2023)

Judge Chutkan’s minute order granting the government's Motion for Leave to File Oversized Brief (Nov. 5, 2023)

Trump’s response to the government’s motion for leave to file oversized brief (Nov. 4, 2023)

Government’s memorandum in opposition to Trump’s motion for extension of time to file pretrial motions related to discovery and subpoenas (Nov. 3, 2023)

Government’s opposed motion for leave to file oversized brief (Nov. 3, 2023)

Judge Chutkan’s order granting the government’s motion for fair and protective jury procedures (Nov. 2, 2023)

Trump’s opposed motion for extension of time to file pretrial motions related to discovery and subpoenas (Nov. 1, 2023)

Trump’s opposed motion to stay case pending resolution of motion to dismiss based on presidential immunity (Nov. 1, 2023)

Trump’s reply in support of his motion for pre-trial rule 17(c) subpoenas (Nov. 1, 2023)

Judge Chutkan’s order granting the government’s classified ex parte, in camera, and under seal motion for a protective order pursuant to Section 4 of the ClPA and denying Trump’s motion for access to a CIPA Section 4 filing (Nov. 1, 2023)

Judge Chutkan’s order denying Trump’s motion to stay the gag order (Oct. 29, 2023)

Trump’s reply in support of his motion to stay Chutkan’s gag order pending appeal (Oct. 28, 2023)

Trump’s reply brief in support of his motion to dismiss the indictment based on presidential immunity (Oct. 26, 2023)

Trump’s CIPA Section 5 Notice and Objection to Unauthorized Deletions of Classified Information (Oct. 26, 2023)

Government’s response in opposition to motion to stay (Oct. 25, 2023)

Government’s opposition to defendant’s motion for pretrial rule 17(c) subpoenas (Oct. 25, 2023)

Government’s reply in support of opposed motion for formal pretrial notice of the defendant’s intent to rely on advice-of-counsel defense (Oct. 25, 2023)

Government’s reply in support of motion for fair and protective jury proceedings (Oct. 25, 2023)

Trump’s motion to dismiss case for selective and vindictive prosecution; and attachments exhibit #1, exhibit #2, exhibit #3, and exhibit #4 (Oct. 23, 2023)

Trump’s motion to strike inflammatory allegations from the indictment (Oct. 23, 2023)

Trump’s motion to dismiss case based on statutory grounds (Oct. 23, 2023)

Trump’s motion to dismiss case based on constitutional grounds (Oct. 23, 2023)

Trump’s response in opposition to the government’s motion for formal pretrial notice of the defendant’s intent to rely on Advice-of-Counsel Defense (Oct. 20, 2023)

Trump’s response to government’s motion for jury procedures (Oct. 20, 2023)

Judge Chutkan’s minute order granting Trump’s motion to stay and ordering the government to file any opposition to Trump’s motion by Oct. 25, 2023 (Oct. 20, 2023)

Trump’s Opposed Motion for Stay Pending Appeal, Request for Temporary Administrative Stay and Memorandum in Support (Oct. 20, 2023)

Government's unopposed motion for consolidation and entry of a briefing schedule (Oct. 18, 2023)

Government’s opposition to second defense motion for access to CIPA Section 4 Filing (Oct. 18, 2023)

Trump’s Notice of Appeal of Chutkan’s gag order (Oct. 17, 2023)

Order issuing gag order on Trump (Oct. 17, 2023)

Notice of attorney appearance for Justice Department Attorney James I. Pearce (Oct. 16, 2023)

Notice of attorney appearance for Trump Attorney Emil Bove (Oct. 13, 2023)

Trump’s motion for access to CIPA Section 4 filing (Oct. 11, 2023)

Trump’s notice of compliance (Oct. 11, 2023)

Judge Chutkan’s minute order requiring the government shall file any opposition to Trump’s motion for pre-trial rule by Oct. 25, 2023, and requiring Trump to file any reply in support of his motion by Nov. 1, 2023 (Oct. 11, 2023)

Trump’s motion for pre-trial rule 17(c) subpoenas and accompanying memorandum of law; and attachments exhibit #1, exhibit #2, exhibit #3, exhibit #4, exhibit #5, exhibit #6, exhibit #7, exhibit #8, exhibit #9, exhibit #10, and exhibit #11 (Oct. 11, 2023)

Government’s motion for fair and protective jury procedures (Oct. 10, 2023)

Motion for Trump attorney Emil Bove to appear pro hac vice (Oct. 10, 2023)

Opinion and order granting in part and denying in part Trump’s Motion for Access to CIPA § 4 Filing and An Adjournment of the CIPA § 5 Deadline; and granting in part and denying in part Trump’s Motion for Extension of Time to File Pretrial Motions; and amending in part the court's Pretrial Order (Oct. 6, 2023)

Trump’s reply in support of his motion for access to CIPA Section 4 Filing and an Adjournment of the CIPA Section 5 Deadline (Oct. 5, 2023)

Trump’s reply in support of his motion for an extension of time to file pretrial motions (Oct. 5, 2023)

Trump's motion to dismiss indictment based on presidential immunity (Oct. 5, 2023)

Government's response in opposition to defendant's motion for extension of time to file pretrial motions (Oct. 2, 2023)

Government's opposition to defendant's motion for access to CIPA § 4 filing and an adjournment of the CIPA § 5 deadline (Oct. 2, 2023)

Government's Reply in Support of its Opposed Motion to Ensure That Extrajudicial Statements Do Not Prejudice These Proceedings (Sept. 29, 2023)

Judge Chutkan's Minute Order scheduling a hearing on the government's motion to ensure that Extrajudicial Statements Do Not Prejudice Proceedings on October 16, 2023 at 10:00 am (Sept. 29, 2023)

Judge Chutkan's Minute Order imposing deadline of October 3, 2023 for government reply to Trump's motion for access to Classified Information Procedures Act (CIPA) Section 4 filing and his request for an extension of time to provide notice pursuant to Section 5 of the CIPA in addition to Trump's separate motion for extension of time to file pretrial motions; defense must reply within three calendar days of the government's opposition filing (Sept. 28, 2023)

Trump's motion for extension of time to file pretrial motions (Sept. 28, 2023)

Trump's motion for extension of time to provide notice pursuant to Section 5 of the Classified Information Procedures Act (Sept. 27, 2023)

Opinion denying Trump's motion for recusal of Judge Chutkan (Sept. 27, 2023)

Trump's motion in opposition to the government's motion for prior restraints (Sept. 25, 2023)

Government's notice of filing of a classified motion for a protective order pursuant to the Classified Information Procedures Act and Rule 16(d)(1) of the Federal Rules of Criminal Procedure (Sept. 25, 2023)

Reply in support of Trump's motion for recusal of Judge Chutkan (Sept. 17, 2023)

Government's opposed motion to ensure that extrajudicial statements do not prejudice these proceedings (Sept. 15, 2023)

Opinion and order granting the government’s motion for Leave to File Unredacted Motion Under Seal, and to File Redacted Motion on Public Docket, and granting in part and denying in part Trump’s motion for Briefing Schedule (Sept. 15, 2023)

Government’s response in opposition to Trump’s motion for recusal of Judge Chutkan (Sept. 14, 2023)

Trump’s motion for recusal of Judge Chutkan (Sept. 11, 2023)

Government’s memorandum in opposition to Trump’s motion to vacate (Sept. 5, 2023)

Trump’s emergency motion to vacate order on government’s motion to seal (Sept. 5, 2023)