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

Grand Juries & State Prosecutions

  • 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 vacated and remanded the case with instructions to dismiss.
  • On Aug. 9, 2021, the D.C. Circuit remanded the case to the District Court with instructions to vacate.

See the Mueller Grand Jury Case

  • NDGA District Judge Leigh Martin May ruled against Sen. Graham.
  • 11th Circuit Judges Grant, Newsom, and Wilson ruled 3-0 against Sen. Graham.
  • Supreme Court ruled against Sen. Graham.

See the Graham Grand Jury Case

  • SDNY District Judge Mary Kay Vyskocil ruled for Congress and denied a stay.
  • Second Circuit dismissed case without ruling on the merits after a settlement.

See the Bragg v. Jordan case.

Federal Criminal Cases

  • D.C. District Chief Judge Beryl Howell ruled against Congress, ordering Rep. Perry to produce 2,055 cellphone records to DOJ.
  • D.C. Circuit Judges Henderson, Katsas, and Rao ruled 3-1 for Congress, requiring the district court to apply a broader Speech or Debate Clause privilege to certain cell phone communications, with a Katsas concurrence.
  • D.C. District Chief Judge James Boasberg ruled against Congress, ordering Rep. Perry to produce 1,659 cellphone records to DOJ.

See the Scott Perry Cellphone 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

  • D.C. District Judge Trevor McFadden ruled for Congress.
  • D.C. Circuit Court Judges LeCraft Henderson, Sentelle, and Wilkins ruled 3-0 for Congress. 
  • Supreme Court ruled for Congress.

See the House Ways & Means Case

  • 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.
  • D.C. Circuit Judges Srinivasan, Rogers, and Jackson upheld subpoena with some limitations and remanded case to the District Court, with a Rogers concurring opinion.

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.
  • On Nov. 3, 2020, the D.C. Circuit Court granted the Committee’s consent motion to voluntarily dismiss the appeal.

See the New York State Tax Returns Case

Executive Privilege Cases

  • Case dismissed after agreement reached between the House committee and Justice Department.

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

January 6 Committee

  • D.C. District Judge Tanya Chutkan ruled for Congress.
  • D.C. Circuit Judges Millett, Wilkins, and Jackson ruled 3-0 for Congress.
  • Supreme Court ruled 8-1 for Congress by denying the Trump request for a stay of document production pending appeal.

See the Archives Case

  • California District Judge Carter ruled for Congress in upholding its subpoena.
  • California District Judge Carter reviewed over 1,000 documents and ruled at times for Congress and at times for Dr. Eastman.  
  • Ninth Circuit Judges Fletcher, McKeown, and Wardlaw ruled 3-0 in favor of Congress.
  • Supreme Court denied Eastman cert petition without comment.

See the Eastman-Chapman University Case

  • D.C. District Court jury convicted Steve Bannon of contempt of Congress.

See the Bannon Contempt of Congress Case

  • D.C. District Court jury convicted Peter Navarro of two counts of criminal contempt of Congress.

See the Navarro Contempt of Congress Case

  • D.C. District Court Judge Boasberg ruled for Congress.
  • D.C. Circuit Judges Katsas, Rao, and Walker dismissed the case without reaching the merits.
  •  

See the Budowich v. Pelosi Case

  • D.C. District Judge Carl Nichols ruled for Congress.

See the Meadows v. Pelosi Case

  • Arizona District Judge Humetewa ruled for Congress.
  • Ninth Circuit Judges Ikuta, Miller, and Silverman ruled 2-1 for Congress, with an Ikuta dissent.
  • Supreme Court ruled for Congress.

See the Ward v. Thompson case

Individual Members Exercising Oversight Cases

  • 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

  • D.C. District Court Judge Mehta ruled for the Executive Branch.
  • D.C. Circuit Judges Ginsburg, Millett, and Tatel ruled 2-1 for Congress, with a Ginsburg dissent.
  • Before the Supreme Court ruled on the appeal, the House members voluntarily dismissed the case.

See the Rule of Seven Case