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Trump v. Deutsche Bank AG

United States Court of Appeals, Second Circuit

October 10, 2019

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,
v.
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

         Motions 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.

         Motions 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 Acquisition, Corp.

          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.

          Parvin 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.

          James 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.

          JON O.NEWMAN, CIRCUIT JUDGE

         This 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.

         The motions to intervene are GRANTED; the motions for unsealing are DENIED.

         Background

         On 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 ...


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