Case Status

Some of the cases under review have completed their journey through the courts, while others are subject to ongoing proceedings. Find here a status of the most recent court cases on congressional oversight.

Status of Current Cases

Congressional Access to Grand Jury Information

  • 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 scheduled oral argument on 12/2/2020, but on 11/17/2020, the House requested a delay.

See the Mueller Grand Jury Case

Absolute Immunity Cases

  • 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 standing, with a Henderson concurrence and Rogers dissent.
  • D.C. Circuit vacated the panel’s decision, ruled 7-2 en banc that Congress had standing, and remanded the case to the panel.
  • D.C. Circuit Judges Griffith, Henderson, and Rogers ruled 2-1 against Congress and ordered the case to be dismissed for failure to state a cause of action, with Rogers dissent.
  • D.C. Circuit granted a request for a second en banc review but, on July 13, 2021, after the parties reached an agreement to resolve the case, the D.C. Circuit vacated the panel’s second decision and, at the request of the parties, dismissed the case.

See the McGahn Case

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

See the Kupperman Case

Tax and Financial Records Cases

  • On July 30, 2021, the Justice Department reversed course and instructed the Treasury Department to produce the Trump tax returns to Congress, but former President Trump moved to block that action.
  • C. District Judge Trevor McFadden held oral argument on 11/8/2021.
  • 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.
  • Supreme Court ruled 7-2 for Congress and remanded case to D.C. Circuit which, in turn, remanded it to the district court for further proceedings.
  • D.C. District Judge Mehta again ruled for Congress, upholding the subpoena with some limitations.

See the House Oversight Committee-Mazars Case

  • 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.
  • Judge Marrero again ruled for the Manhattan DA and denied a motion to stay the grand jury subpoena.
  • Second Circuit Judges Katzmann, Lohier, and Walker ruled 3-0 for the Manhattan DA.
  • Supreme Court denied a Trump request for a stay, and the subpoenaed documents were delivered to the Manhattan DA.

See the Manhattan DA-Mazars Case

  • 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 Second Circuit.
  • The Second Circuit, in a per curiam opinion, remanded case to the district court for further proceedings.

See the Deutsche Bank and Capital One Case

  • D.C. District Judge Carl Nichols dismissed New York officials, imposed notice requirement on Congress.
  • D.C. Circuit accepted an interlocutory appeal filed by House Committee on Ways & Means, but in November 2020, the Committee indicated it planned to withdraw that appeal.

See the New York Law on State Tax Returns Case

Executive Privilege Cases

  • D.C. District Judge Randolph Moss held oral argument on 1/30/2020, but stayed the case pending D.C. Circuit decisions on jurisdiction and cause of action in the McGahn case.

See the House Census Case

  • 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.

See the Fast and Furious Case

Private Sector Subpoenas

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

See the Fusion GPS Case

  • 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.

See the Backpage.com Case

Emoluments Case

  • D.C. District Judge Emmet Sullivan issued rulings favorable to Members of Congress who brought the suit and approved an interlocutory appeal.
  • 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.
  • Supreme Court denied a petition for review filed by Members of Congress.

See the Members of Congress Emoluments Case