DONALD J. TRUMP, DONALD J. TRUMP, JR., ERIC TRUMP, IVANKA TRUMP, DONALD J. TRUMP REVOCABLE TRUST, TRUMP ORGANIZATION, INC., TRUMP ORGANIZATION LLC, DJT HOLDINGS LLC, DJT HOLDINGS MANAGING MEMBER LLC, TRUMP ACQUISITION LLC, TRUMP ACQUISITION, CORP., Plaintiffs-Appellants,
DEUTSCHE BANK AG, CAPITAL ONE FINANCIAL CORPORATION, Defendants-Appellees, COMMITTEE ON FINANCIAL SERVICES OF THE UNITED STATES HOUSE OF REPRESENTATIVES, PERMANENT SELECT COMMITTEE ON INTELLIGENCE OF THE UNITED STATES HOUSE OF REPRESENTATIVES, Intervenor Defendants-Appellees, THE ASSOCIATED PRESS, CABLE NEWS NETWORK, INC., THE NEW YORK TIMES COMPANY, POLITICO LLC, WP CO. LLC, DOW JONES & COMPANY, INC., REUTERS NEWS & MEDIA INC., Movants.
Motions filed: September 11, 2019, September 18, 2019
to intervene and to unseal unredacted letter sent August 27,
2019, by Deutsche Bank AG to Clerk of Court, Second Circuit
Court of Appeals, and filed under seal.
to intervene GRANTED; motions to unseal DENIED.
Patrick Strawbridge, Consovoy McCarthy PLLC, Boston, MA
(William S. Consovoy, Cameron T. Norris, Consovoy McCarthy
PLLC, Arlington, VA, Marc Lee Mukasey, Mukasey Frenchman
& Sklaroff LLP, New York, NY) for Plaintiffs-Appellants
Donald J. Trump, Donald J. Trump, Jr., Eric Trump, Ivanka
Trump, Donald J. Trump Revocable Trust, Trump Organization,
Inc., Trump Organization LLC, DJT Holdings LLC, DJT Holdings
Managing Member LLC, Trump Acquisition LLC, Trump
Douglas N. Letter, General Counsel, U.S. House of
Representatives, Washington, D.C. (Todd B. Tatelman, Dep.
General Counsel, Megan Barbero, Josephine Morse, Assoc.
General Counsel, Office of General Counsel, U.S. House of
Representatives, Washington, D.C.), for Intervenor
Defendants-Appellees Committee on Financial Services and
Permanent Select Committee on Intelligence of the United
States House of Representatives.
D. Moyne, Akin Gump Strauss Hauer & Feld LLP, New York,
NY (Thomas C. Moyer, Raphael A. Prober, Steven R. Ross, Akin
Gump Strauss Hauer & Feld LLP, Washington, D.C.), for
Defendant-Appellee Deutsche Bank AG.
A. Murphy, Murphy & McGonigle, PC, New York, NY (Steven
D. Feldman, Murphy & McGonigle, PC, New York, NY), for
Defendant-Appellee Capital One Financial Corporation.
Jacquelyn Schell, Ballard Spahr LLP, New York, NY (Jay Ward
Brown, Ballard Spahr LLP, New York, NY) for Movants The
Associated Press, Cable News Network, Inc., The New York
Times Company, POLITICO LLC, WP Co. LLC, Dow Jones &
Company, Inc., and Reuters News & Media Inc.
Before: NEWMAN, HALL, and LIVINGSTON, Circuit Judges.
O.NEWMAN, CIRCUIT JUDGE
opinion considers motions by several news organizations to
intervene in a pending appeal and to unseal an unredacted
letter filed in this Court on August 27, 2019, under seal in
that appeal. See Trump v. Deutsche Bank, AG, No.
19‒ 1540 (2d Cir. argued Aug. 23, 2019). The letter was
filed by Deutsche Bank AG in an appeal from an Order denying
a preliminary injunction sought by President Donald J. Trump,
members of his family, and several affiliated entities
("Appellants") to prevent compliance with subpoenas
issued to Deutsche Bank and Capital One Financial Corporation
by two committees of the United States House of
Representatives. The subpoenas seek production of numerous
documents, including tax returns. The appeal is still
pending. Unsealing the letter is sought to learn the redacted
names of taxpayers whose income tax returns are in Deutsche
Bank's possession. Appellants in the pending appeal and
Deutsche Bank oppose the motion.
motions to intervene are GRANTED; the motions for unsealing
April 11, 2019, the House Committee on Financial Services and
the House Permanent Select Committee on Intelligence
(collectively, "Committees") issued subpoenas to
Deutsche Bank and Capital One (collectively,
"Banks"), seeking production of numerous documents,
including tax returns of several persons and entities listed
in the subpoenas. On the appeal from the Order denying
Appellants' motion for a preliminary injunction to
prevent compliance with the subpoenas, none of the briefs
filed by the parties indicated which, if any, tax returns
within the coverage of the subpoenas were in the ...