Litigation Documents Related to the Appointment of Matthew Whitaker as Acting Attorney General

This page is no longer being updated, though Lawfare is keeping it available as a historical resource. It was last updated on Dec. 23, 2018.

President Trump’s designation of Matthew Whitaker as acting attorney general following the departure of Attorney General Jeff Sessions has generated numerous legal challenges. As litigation continues, Lawfare will be keeping this page updated with the relevant documents. With the exception of Blumenthal v. Whitaker, the merits of the cases listed here concern issues other than Whitaker’s appointment. We have omitted documents not relevant to the issue at hand.

If you know of a challenge to Whitaker's appointment that we're not including, tell us about it! Any queries or additional documents should be directed to Quinta Jurecic at quinta.jurecic@lawfareblog.com.

Maryland v. U.S. (U.S. District Court for the District of Maryland, 1:18-cv-02849-ELH)

• Motion for Preliminary Injunction and to Substitute Defendant by State of Maryland (11/13/2018)

  • Memorandum in Support (11/13/2018)

  • Text of Proposed Order (11/13/2018)

• Amended Complaint Against All Defendants (11/14/2018)

  • Attached Redline (11/14/2018)

• Whitaker Summons (11/16/2018)

• Motion to Dismiss (11/16/2018)

• Supreme Court Correspondence and Motion to Substitute (11/19/2018)

• Memorandum of Constitutional Scholars as Amici Curiae in Support of the State of Maryland (11/26/2018)

• Amicus Curiae by Judicial Watch, Inc. (11/26/2018)

• Amicus Curiae by Morton Rosenberg (11/26/2018)
• Amicus Curiae by District of Columbia (11/26/2018)

• Response in Opposition re Motion for Preliminary Injunction (12/03/2018)

• Motion for Leave to File Second Amended Complaint (12/03/2018)
• Notice by Charles P. Rettig, Rod J. Rosenstein, Jefferson B. Sessions, III. (12/03/2018)
• Response in Opposition re Motion to Dismiss for Lack of Jurisdiction (12/03/2018)
• Response in Opposition re Motion for Preliminary Injunction and to Substitute Defendant (12/03/2018)
• Plaintiff's Conditional Motion for Leave to File a Second Amended Complaint (12/03/2018)
• Plaintiff's Reply in Support of Motion for Preliminary Injunction or Motion to Substitute (12/06/2018)
• Defendants' Reply in Support of Their Motion to Dismiss (12/10/2018)
• Notice (12/14/2018)
• Plaintiffs' Supplemental Brief (12/18/2018)
• Defendants' Supplemental Brief in Support of Their Motion to Dismiss (12/18/2018)

Blumenthal v. Whitaker (U.S. District Court for the District of Columbia, 1:18-cv-02664)

• Complaint against All Defendants (11/19/2018)

Michaels v. Whitaker

• Supreme Court of the United States

  • Petition for Writ of Certiorari (06/27/2018)

  • Motion to Substitute (11/16/2018)

  • Response to Motion to Substitute From Respondents (11/26/2018)

  • Amicus Brief of Morton Rosenberg (11/26/2018)

  • Reply in Support of Motion to Substitute (11/28/2018)

• U.S. District Court for the District of Columbia, 18-cv-02906

  • Complaint (12/11/2018)

  • Plaintiff's Emergency Motion for Preliminary Injunction (12/11/2018)

  • Notice of Related Case (12/11/2018)

  • Defendant's Opposition to Plaintiff's Proposed Schedule Relating to His Emergency Motion for Preliminary Injunction (12/12/18)

  • Plaintiff's Reply in Support of Emergency Motion for Preliminary Injunction (12/12/18)

  • Amended Complaint (12/13/18)

  • Supplemental Memorandum re Emergency Motion for Preliminary Injunction (12/13/2018)

  • Memorandum in Opposition to Emergency Motion for Preliminary Injunction (12/13/2018)

  • Letter to the Court (12/14/18)

  • Notice of Error re Letter to the Court

NOTICE OF ERROR re 19 Notice (Other); emailed to tgoldstein@goldsteinrussell.com, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. Please see Local Rule 5.1(a) re: Correspondence with the Court. (ztd, ) (Entered: 12/14/2018)

• Minute Entry

Minute Entry for proceedings held before Judge Randolph D. Moss: Motion Hearing held on 12/14/2018 re: 2 Emergency MOTION for Preliminary Injunction filed by BARRY MICHAELS. Plaintiff's 2 Emergency MOTION for Preliminary Injunction is WITHDRAWN in open court. Joint Status Report due by 12/17/2018. (Court Reporter: Jeff Hook.) (kt) Modified on 12/14/2018 to add "in open court" (kt). (Entered: 12/14/2018)

• Motion for Partial Summary Judgment (12/21/2018)
• Motion for Jurisdictional Discovery (12/21/2018)

In re Grand Jury Investigation (U.S. Court of Appeals for the D.C. Circuit, 18-3052)

• Order (11/09/2018)

• Supplemental Brief of Appellant Andrew Miller (11/19/2018)

• Supplemental Brief for the United States (11/19/2018)

• Letter Filed by Montgomery Blair Sibley (11/19/2018)

O.A. v. Trump (U.S. District Court for the District of Columbia, 1:18-cv-02718-RDM)

• Complaint for Declaratory and Injunctive Relief (11/20/2018)
• Motion for Temporary Restraining Order (11/21/2018)
• Minute Order (11/30/2018)

Upon consideration of Plaintiffs' submission, Dkt. 11 , it is hereby ORDERED that the parties shall appear for a hearing on Plaintiffs' TRO motion on Monday, December 17, 2018, at 10:00 a.m. in Courtroom 21. It is further ORDERED that the date previously set for Plaintiffs to file their reply brief is VACATED, and Plaintiffs shall now file their reply brief on or before Wednesday, December 12, 2018. Signed by Judge Randolph D. Moss on 11/30/2018. (lcrdm1, ) (Entered: 11/30/2018)

• Memorandum in Opposition re Motion for Temporary Restraining Order (12/07/18)
• Reply in Support of Motion for Temporary Restraining Order (12/07/2018)

Alsomairi v. Dawson (U.S. Court of Appeals for the Second Circuit, 18-2359)

• Petitioner-Appellant's Motion for Preliminary Injunction, and to Substitute Appellee (11/14/2018)
• Motion for an Extension of Time (11/15/2018)
• Order granting motion for an extension of time (11/19/2018)

• Motion Order, Granting Appellee's Motion to Dismiss (11/28/2018)

U.S. v. Valencia (U.S. District Court for the Western District of Texas, 5:17-cr-00882-DAE)

• Motion to Dismiss for Lack of Authority to Prosecute (11/12/2018)
• Order setting motion hearing (11/13/2018)
• Government's Motion for Additional Time (11/16/2018)
• Defendant's Objection and Response to Opposing Counsel's Motion for Extension of Time (11/19/2018)
• Government's Response in Opposition to the Motion of Defendant to Dismiss Indictment (11/19/2018)
• Order (11/20/2018)

Text Order DENYING 167 Motion for Extension of Time to File Response/Reply as to Luis Valencia (1). Motion hearing will proceed as scheduled on Monday, November 26, 2018 at 9:00am. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ps) (Entered: 11/20/2018)

• Order Denying Motion to Dismiss Indictment for Lack of Authority (11/27/2018)
• Appeal of Order Entered by District Judge by Luis Valencia (11/27/2018)
• Order Denying Motion to Dismiss Indictment (11/27/2018)

U.S. v. Haning (U.S. District Court for the Eastern District of Missouri, 4:18-cr-00139-RWS)

• Motion to Dismiss Indictment, or in the Alternative to Disqualify Prosecution Team (11/13/2018)
• Order (11/16/2018)

Docket Text ORDER as to William Douglas Haning - IT IS HEREBY ORDERED that the Government shall have until November 20, 2018 to respond to Defendant's 72 MOTION to Dismiss Indictment/Counts Or, in the Alternative, to Disqualify Prosecution Team. Signed by Magistrate Judge Nannette A. Baker on 11/16/2018. (GGB) (Entered: 11/16/2018)

• Motion for Extension of Time (11/17/2018)
• Order (11/20/2018)

IT IS HEREBY ORDERED that the Government's MOTION FOR EXTENSION OF TIME by USA is GRANTED. IT IS FURTHER ORDERED that the Government shall have until November 29, 2018 to file its response to Defendant's motion. Signed by Magistrate Judge Nannette A. Baker on 11/20/2018. (GGB) (Entered: 11/20/2018)

• Order as to William Douglas Haning (11/26/2018)
• Notice by USA as to William Douglas Haning re Motion to Dismiss Indictment/Counts (11/28/2018)
• Superseding Redacted Indictment (11/29/2018)
• Motion to Dismiss Superseding Indictments or to Disqualify Prosecutors Birmingham, Sison, and Bateman (12/03/2018)
• Response in Opposition by USA as to William Douglas Haning re Motion to Dismiss Indictment (12/11/2018)
  • Supplemental Response (12/11/2018)
• Defendant's Reply in Support of Motion to Dismiss Indictment (12/18/2018)

Matter of Negusie

• Referral to the Attorney General (10/18/2018)
• Amicus Brief of The American Immigration Council (12/03/2018)

Rojo-Ramirez v. Trump (U.S. District Court for the District of Colorado, 18-cv-03125)

• Press release
• Complaint (12/04/2018) (Access restricted)

Alharbi v. Miller (U.S. District Court for the Eastern District of New York, 18-cv-2435)

• Plaintiffs' Motion for Preliminary Injunction, and to Substitute Defendant (11/29/18)
• Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction and to Substitute Defendant (11/29/18)
• Response in Opposition re Motion for Preliminary Injunction (12/12/18)
• Plaintiffs' Reply in Support of Motion for Preliminary Inunction, and to Substitute Defendant (12/13/18)
  • Exhibit A

In re: Appointment of Thomas C. Goldstein as Amicus Curiae Pursuant to 50 USC § 1803(i)(2)(B) (Foreign Intelligence Surveillance Court)

• Motion of Thomas C. Goldstein for Appointment as Amicus Curiae and for Leave to File Amicus Curiae Brief

U.S. ex rel Landis v. Tailwind Sports Corp. (U.S. Court of Appeals for the D.C. Circuit, 18-7143)

• Appellant Floyd Landis' Motion to Dismiss (11/26/2018)
• U.S. Response to Appellant's Motion to Dismiss (12/6/2018)
• Reply in Support of Motion to Dismiss (12/13/2018)