Case Status

as of July 13, 2020

Some of the cases under review have completed their journey through the courts, while others are subject to ongoing proceedings.  Here is the current status of the recent court cases on Congressional oversight.

Congressional Access to Grand Jury Information

Mueller Grand Jury Case – Awaiting Supreme Court decision.

  • D.C. District Chief Judge Beryl A. Howell ruled for Congress.
  • D.C. Circuit Judges Griffith, Rao, and Rogers ruled 2-1 for Congress and ordered Mueller grand jury materials to be produced, with a Griffith concurrence and Rao dissent.
  • Supreme Court oral argument and decision in next term.

Absolute Immunity Cases

McGahn Case – Awaiting en banc appellate opinion.

  • D.C. District Judge Ketanji Brown Jackson ruled for Congress and denied a stay.
  • D.C. Circuit Judges Griffith, Henderson, and Rogers ruled 2-1 against Congress and ordered case to be dismissed for lack of jurisdiction, with a Henderson concurrence and Rogers dissent.
  • D.C. Circuit vacated the 2-1 decision, ordered rehearing en banc, and held oral argument on 4/28/2020.

Kupperman Case – Case dismissed as moot.

  • D.C. District Judge Richard Leon ruled for Congress and the Trump Administration and against the plaintiff.

Tax and Financial Records Cases

House Ways & Means Case – Awaiting district court opinion.

  • D.C. District Judge Trevor McFadden held oral argument on 11/6/2019.
  • Judge McFadden imposed a stay on the proceedings on 1/14/2020 and lifted the stay on 3/5/2020.

House Oversight Committee-Mazars Case – Awaiting district court opinion.

  • D.C. District Judge Ahmit Mehta ruled for Congress.
  • D.C. Circuit Judges Millett, Rao, and Tatel ruled 2-1 for Congress, with a Rao dissent.
  • Motion for en banc rehearing by appeals court was denied.
  • Supreme Court ruled 7-2 for Congress and remanded case to the district court for further proceedings.

Manhattan DA-Mazars Case – Awaiting district court opinion.

  • SDNY District Judge Victor Marrero ruled for the Manhattan DA.
  • Second Circuit Judges Chin, Droney, and Katzmann ruled 3-0 for the Manhattan DA.
  • Supreme Court ruled 7-2 for the Manhattan DA and remanded case to the district court for further proceedings.

Deutsche Bank and Capital One Case – Awaiting district court opinion.

  • SDNY District Judge Edgardo Ramos ruled for Congress.
  • Second Circuit Judges Hall, Livingston, and Newman ruled 2-1 for Congress, with a Livingston partial concurrence and partial dissent.
  • Supreme Court ruled 7-2 for Congress and remanded case to the district court for further proceedings.

New York Law on State Tax Returns Case – Awaiting appellate opinion.

  • D.C. District Judge Carl Nichols dismissed New York officials, imposed notice requirement on Congress.
  • D.C. Circuit accepted interlocutory appeal filed by House Committee on Ways & Means.

Executive Privilege Cases

House Census Case – Awaiting district court opinion.

  • D.C. District Judge Randolph Moss held oral argument on 1/30/2020.

Fast and Furious Case – Complete.

  • D.C. District Judge Amy Berman Jackson ruled in part for Congress and in part for the Executive Branch.
  • D.C. Circuit Court appeal dismissed at the joint request of the parties.

Private Sector Subpoenas

Fusion GPS Case – Complete.

  • D.C. District Judge Richard Leon ruled for Congress.
  • No appeal was filed.

Backpage.com Case – Complete.

  • D.C. District Judge Rosemary M. Collyer ruled for Congress.
  • D.C. Circuit Judges Srinivasan, Tatel, and Wilkins ruled appeal was moot, vacated lower court ruling at request of plaintiff with no objection from Congress.

Emoluments Case

Members of Congress Emoluments Case – Awaiting dismissal of case on remand.

  • D.C. District Judge Emmet Sullivan issued rulings favorable to Members of Congress who brought the suit and approved an interlocutory appeal.
  • On 2/7/2020, D.C. Circuit Judges Griffith, Henderson, and Tatel ruled, in a per curiam decision, that Members of Congress lacked standing and remanded the case to district court to be dismissed.
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