Report of Special Counsel Jack Smith, Volume One: The Election Case · 2025

APPENDIX: KEY FILINGS IN SIGNIFICANT LITIGATION DISTRICT COURT CRIMINAL LITIGATION

APPENDIX: KEY FILINGS IN SIGNIFICANT LITIGATION DISTRICT COURT CRIMINAL LITIGATION

United States v. Donald J. Trump, Case No. 23-cr-257 (D.D.C.) ECFNo. Date Document Descri:gtion 1 8/1/2023 Indictment 10 8/4/2023 Government's Motion for Protective Order

Government's Opposition to Defendant's Motion for Extension of 12 8/5/2023

Time 15 8/7/2023 Government's Reply in Support of Motion for Protective Order 16 8/3/2023 Transcript of Initial Appearance (issued 8/8/2023)

Government's Response to Court's August 3, 2023 Minute Order 23 8/10/2023

(Proposed Trial Date) Government's Response in Opposition to Defendant's Motion for

26 8/10/2023

Exclusion of Time Under Speedy Trial Act Court Protective Order Governing Discovery and Authorizing

28 8/11/2023

Disclosure of Grand Jury Testimony 29 8/11/2023 Transcript of Hearing on Protective Order

Government's Reply to Defendant's Response in Opposition to 32 8/21/2023

Government's Proposed Trial Calendar 38 8/28/2023 Transcript of Status Hearing 39 8/28/2023 Court Pretrial Order

Government's Response in Opposition to Defendant's Motion for 54 9/14/2023

Recusal of District Judge Pursuant to 28 U.S.C. Section 455(a) Government's Opposed Motion to Ensure that Extrajudicial

57 9/15/2023

Statements Do Not Prejudice These Proceedings Court Memorandum Opinion & Order (Defendant's Motion for

61 9/2712023

Recusal of District Judge) Government's Reply in Support of Opposed Motion to Ensure that

64 9/29/2023

Extrajudicial Statements Do Not Prejudice These Proceedings Government's Opposition to Defendant's Motion for Access to CIPA

65 10/2/2023

Section 4 Filing and an Adjournment of the CIPA Section 5 Deadline Government's Response in Opposition to Defendant's Motion for

66 10/2/2023

Extension of Time to File Pretrial Motions Court Opinion & Order (Defendant's Motion for Access to CIPA

82 10/6/2023 Section 4 Filing and an Adjournment of the CIPA Section 5

Deadline) Government's Opposed Motion for Fair and Protective Jury

97 10/10/2023

Procedures

139

United States v. Donald J. Trump, Case No. 23-cr-257 (D.D.C.) ECF No. Date Document DescriQtion

Government's Motion for Formal Pretrial Notice of the Defendant's 98 10/10/2023

Intent to Rely on Advice-of-Counsel Defense Transcript of Hearing (Government's Motion on Extrajudicial

103 10/16/2023

Statements) Court Opinion & Order (Government's Motion to Ensure that

105 10/17/2023

Extrajudicial Statements Do Not Prejudice These Proceedings) Government's Opposition to Second Defense Motion for Access to

108 10/18/2023

CIPA Section 4 Filing Government's Response in Opposition to Defendant's Motion to

109 10/19/2023

Dismiss on Presidential Immunity Grounds Government's Reply in Support of Motion for Fair and Protective

117 10/25/2023

Jury Procedures Government's Reply in Support of Motion for Formal Pretrial

118 10/25/2023 Notice of the Defendant's Intent to Rely on Advice-of-Counsel

Defense Government's Opposition to Defendant's Motion for Pre-Trial Rule

119 10/25/2023

17(c) Subpoenas Government's Response in Opposition to Defendant's Motion to

120 10/25/2023

Stay 124 10/29/2023 Court Opinion & Order (Denying Defendant's Motion to Stay) 126 11/1/2023 Court Opinion & Order (CIPA Section 4 Motions)

Court Order (Government's Motion for Fair and Protective Jury 130 11/2/2023

Procedures) Government's Opposition to Defendant's Motion for Extension of

137 11/3/2023

Time to File Pretrial Motions Related to Discovery and Subpoenas Government's Omnibus Opposition to Defendant's Motions to

139 11/6/2023

Dismiss the Indictment on Statutory and Constitutional Grounds Government's Opposition to Defendant's Motion to Strike

140 11/6/2023

Inflammatory Allegations from the Indictment Government's Opposition to Defendant's Motion to Dismiss for

141 11/6/2023

Selective and Vindictive Prosecution Government's Opposition to Defendant's Motion to Stay Case

142 11/6/2023 Pending Resolution of Motion to Dismiss Based on Presidential

Immunity Court Opinion & Order (Defendant's Motion for Extension of Time

146 11/7/2023

to File Pretrial Motions Related to Discovery and Subpoenas) Court Opinion & Order (Government's Motion for Formal Pretrial

147 11/8/2023

Notice of Advice of Counsel Defense)

140

United States v. Donald J. Trump, Case No. 23-cr-257 (D.D.C.) ECFNo. Date Document DescriQtion

Government's Opposition to Defendant's Motion for Extension of 151 11/13/2023

Time to File Reply Briefs Court Order (Defendant's Motion for Extension of Time to File

152 11/13/2023

Reply Briefs) 158 11/17/2023 Court Opinion & Order (Defendant's Motion to Strike)

Court Opinion & Order (Defendant's Motion for Pretrial Rule 17(c) 165 11/27/2023

Subpoenas) Court Memorandum Opinion & Order (Defendant's Motions to

171,172 12/1/2023 Dismiss Based on Presidential Immunity and Constitutional

Grounds) 176 12/5/2023 Government's Notice Pursuant to Federal Rule of Evidence 404(b) 181 12/9/2023 Government's Opposition to Defendant's Discovery Motions

Government's Opposition to Defendant's Motion to Stay 182 12/10/2023

Proceedings Pending Appeal 183 12/11/2023 Government's Summary of Anticipated Expert Testimony

Court Opinion & Order (Defendant's Motion to Stay Proceedings 186 12/13/2023

Pending Appeal) 188 12/18/2023 Government's Notice of Service (Government's Draft Exhibit List) 191 12/27/2023 Government's Motion in Limine

Government's Opposition to Defendant's Motion for Order to Show 193 1/5/2024

Cause 195 1/18/2024 Court Opinion & Order (Defendant's Motion to Show Cause)

Court Memorandum Opinion & Order (Defendant's Motion to 198, 199 8/3/2024

Dismiss for Selective and Vindictive Prosecution) 226 8/27/2024 Superseding Indictment 228 8/27/2024 Government's Notice of Superseding Indictment 229 8/30/2024 Joint Status Report (Pretrial Schedule) 232 9/5/2024 Transcript ofArraignment and Status Conference 2.),.,,.,.) 9/5/2024 Court Order (Pretrial Schedule)

Government's Motion for Leave to File Unredacted Motion Under 246 9/27/2024

Seal, and to File Redacted Motion on Public Docket 249 10/1/2024 Government's Sur-Reply to Defendant's Discovery Motions

Court Opinion & Order (Government's Motion for Leave to File 251 10/2/2024 Unredacted Motion Under Seal, and to File Redacted Motion on

Public Docket) 252 10/2/2024 Government's Motion for Immunity Determinations

141

United States v. Donald J. Trump, Case No. 23-cr-257 (D.D.C.)

ECF No. Date Document Descri:gtion

Government's Response in Opposition to the Defendant's

262 10/16/2024

Supplement to His Motion to Dismiss on Statutory Grounds Court Memorandum Opinion & Order (Defendant's Motions to

263 10/16/2024 Compel Discovery and for an Order Regarding the Scope of

Prosecution Team) Court Opinion & Order (Defendant's Motion to Continue Stay of

265 10/17/2024

Order)

266 10/18/2024 Government Appendix to Motion for Immunity Determinations

Government's Response in Opposition to the Defendant's Proposed

277 10/31/2024 Motion to Dismiss and for Injunctive Relief Based on the

Appointments and Appropriations Clauses

278 11/8/2024 Government's Unopposed Motion to Vacate Briefing Schedule

281 11/25/2024 Government's Motion to Dismiss Without Prejudice

Court Opinion & Order (Government's Motion to Dismiss Without 282,283 11/25/2024

Prejudice)

PRESIDENTIAL IMlvfUNITY APPELLATE LITIGATION

United States v. Trump, No. 23-3228 (D.C. Cir.) Doc. No. Date Document Descrigtion 2030867 12/11/2023 Government's Opposed Motion for Expedited Appellate Review

Government's Reply in Support of Motion for Expedited Appellate 2031335 12/13/2023

Review 2031419 12/13/2023 Court Order (Expediting Appeal and Setting Briefing Schedule) 2033810 12/30/2023 Government's Answering Brief (Presidential Immunity) 2034942 1/9/2024 Oral Argument268 Oral Argument Recordings Archive, United States Court of Appeals for the District of Columbia Circuit (Jan. 9, 2024 ), https://media.cadc.uscourts .gov/recordings/bydate/2024/ 1 [https://penna.cc/9 523-TRZ9]. 2038999,

2/6/2024 Court Judgment & Opinion269 See United States v. Trump, 91 F.4th 1173 (D. C. Cir. 2024). 2039001

142

United States v. Trump, No. 23-624 (U.S.) Doc. No. Date Document Descri12tion

Government's Petition for a Writ of Certiorari Before Judgment 1 12/11/2023

(Presidential Immunity) Government's Motion to Expedite Briefing on the Petition for a Writ

2 12/11/2023 of Certiorari Before Judgment and for Expedited Merits Briefing If the Court Grants the Petition 3 12/11/2023 Court Order (Government's Motion to Expedite)

Government's Reply Brief in Support of Motion to Expedite 7 12/21/2023

(Presidential Immunity) 8 12/22/2023 Court Order (Petition for a Writ of Certiorari Before Judgment)

Trump v. United States, No. 23-939 (U.S.) Doc. No. Date Document Descri12tion

Government Response in Opposition to Application for a Stay of the Mandate of the United States Court of Appeals for the District

6 2/14/2024

of Columbia Circuit (Presidential Immunity) (originally filed in Trump v. United States, No. 23A745 (U.S.)) Court Order (Application for Stay/Petition for Certiorari)

15, 16 2/28/2024

(originally filed in Trump v. United States, No. 23A745 (U.S.)) 47 4/8/2024 Government's Brief (Presidential Immunity) 65 4/25/2024 Oral Argument270 Transcript of Oral Argument in Case No. 23-939, Supreme Court of the United States (Apr. 25, 2024), http://www.supremecourt.gov/oral_ arguments/argument_transcripts/2023 /23-93 9_ 3 fb4. pdf [https://perma. cc/XQ7N­ E33 J]. 66,67 7/1/2024 Court Opinion & Judgment (Presidential Immunity)271 See Trump v. United States, 603 U.S. 593 (2024).

RULE 57. 7(c) APPELLATE LITIGATION

United States v. Trump, No. 23-3190 (D.C. Cir.) Doc. No. Date Document Descri12tion 2026922 11/14/2023 Government's Answering Brief (Rule 57.7(c)) 2027866 11/20/2023 Oral Argument272 Oral Argument Recordings Archive, United States Court of Appeals for the District of Columbia Circuit (Nov. 20, 2023 ), https://media.cadc. uscourts.gov/recordings/bydate/2023/ 11 [https ://perma.cc/5J2E-PDT6].

143

United States v. Trump, No. 23-3190 (D.C. Cir.) Doc. No. Date Document Descrigtion 2032665 12/20/2023 Court Public Opinion (Rule 57.7(c)) (decided 12/8/2023)273 See United States v. Trump, 88 F.4th 990, 1018 (D.C. Cir. 2023). 2033815 12/31/2023 Government's Response in Opposition to Rehearing 2037003 1/23/2024 Court Order (Petition for Rehearing)

SELECTED GRAND JURY LITIGATION (PARTIALLY UNSEALEDJ

Case No. Case Name No. 22-gj-25 (D.D.C.) In re Grand Jury Subpoenas No. 22-3073 (D.C. Cir.) In re Sealed Case No. 22-gj-33 (D.D.C.) In re Grand Jury Subpoenas No. 23-3002 (D.C. Cir.) In re Sealed Case No. 22-gj-39 (D.D.C.) In re Grand Jury Subpoena No. 23-3003 (D.C. Cir.) In re Sealed Case No. 23-gj-12 (D.D.C.) In re Grand Jury Subpoenas No. 23-3043 (D.C. Cir.) In re Sealed Case No. 23-gj-13 (D.D.C.) In re Grand Jury Subpoena No. 23-3049 (D.C. Cir.) In re Sealed Case

144

PERRY SEARCH WARRANT LITIGATION

In re Scott Perry Cell Phone Search Warrant, No. 22-sc-2144 (D.D.C.) (Partially Unsealed)275 Additional filings in this matter have been made publicly available in In re Sealed Case, No. 23-300 I (D.C. Cir.), Doc. No. 2031508, Attachment 10 (Joint Appendix).

ECFNo. Date Document Descrigtion 41276 Court Memorandum Opinion & Order (Applicability of the Speech

11/4/2022 or Debate Clause) Court Memorandum Opinion & Order (Perry's Motion for Non-

42 43 277 12/28/2022

' Disclosure to the Government) 44278 Court Memorandum Opinion & Order (Perry's Emergency Motion

1/4/2023 to Stay)

45279 2/24/2023 Court Memorandum & Order (Unsealing)

Court Memorandum Opinion & Order (Applicability of the Speech 12/19/2023

Sealed 280 or Debate Clause)

In re Sealed Case, No. 23-3001 (D.C. Cir.) Doc. No. Date Document Descrigtion 2031508 Government's Opposition to Emergency Motion for Stay

1/9/2023 (Att. 2) Pending Appeal 1983102 1/25/2023 Court Order (Perry's Motion for Stay Pending Appeal) 2/16/2023 Government's Brief (Att. 12) --- 2/23/2023 Oral Argument281 Oral Argument Recordings Archive, United States Court of Appeals for the District of Columbia Circuit (Feb. 23, 2023), https://media.cadc.uscourts.gov/recordings/bydate/2023/2 [https://perma.ccNS57-HMYW]. 2015233 9/5/2023 Court Judgment 2016705 9/13/2023 Court Opinion (decided 9/5/2023)282 See In re Sealed Case, 80 F.4th 355 (D.C. Cir. 2023).

145

In re Sealed Case, No. 23-3001 (D.C. Cir.) Doc. No. Date Document DescriQtion 2031508

TWITTER SEARCH WARRANT LITIGATION

In re Twitter Search Warrant, No. 23-sc-31 (D.D.C.) ECFNo. Date Document DescriQtion

Government's Motion for an Order to Show Cause Why Twitter Inc. 5 2/2/2023 Should Not Be Held in Contempt for Failure to Comply with a

Search Warrant Government's Reply in Further Support of Motion for an Order to

11 2/6/2023 Show Cause Why Twitter Inc. Should Not Be Held in Contempt for

Failure to Comply with a Search Warrant Transcript of Hearing (Government's Motion for an Order to Show

50 2/7/2023

Cause) Court Minute Order Granting Government's Motion for Order to

--- 2/7/2023

Show Cause and Directing Twitter to Comply 50 2/9/2023 Transcript of Hearing (Twitter's Non-Compliance with Warrant) 19 2/13/2023 Government's Notice Regarding Accrued Sanction

Government's Opposition to Twitter Inc. 's Motion to Vacate or 50 2/16/2023 Modify Non-Disclosure Order and Stay Twitter's Compliance with

Search Warrant Court Memorandum Opinion & Order (Twitter's Motion to Vacate

29,32 3/3/2023 or Modify and Stay) 36 3/9/2023 Government's Opposition to Motion for Stay Pending Appeal 39 3/10/2023 Court Opinion & Order (Twitter's Motion for a Stay) 50 8/15/2023 Court Order (Unsealing)

146

In re Sealed Case, No. 23-5044 (D.C. Cir.) Doc. No. Date Document DescriQtion 1989703 3/10/2023 Government's Response in Opposition to Twitter's Motion for Stay 1991524 3/23/2023 Court Order (Twitter's Motion for Stay) 2017103 4/21/2023 Government's Answering Brief (filed with redactions on 9/15/2023) --- 5/19/2023 Oral Argument283 Oral Argument Recordings Archive, United States Court of Appeals for the District of Columbia Circuit (May 19, 2023 ), https://med ia.cadc. uscourts.gov /recordings/bydate/2023/5 [https://penna. cc/S R2Z-G L5 B]. 28 -1 See In re Sealed Case, 77F.4th815, 830 (D.C. Cir. 2023). 2011549 8/9/2023 Court Amended Redacted Opinion (decided 7/18/2023) 284 2018981 9/26/2023 Government's Response in Opposition to Rehearing En Banc 2035679 1/16/2024 Court Order (Petition for Rehearing)

X Corp. v. United States, No. 23-1264 (U.S.) Doc. No. Date Document DescriQtion 5 7/3/2024 Government's Opposition (Petition for Writ of Certiorari) 9 10/7/2024 Court Order (Petition for Writ of Certiorari)285 See X Corp. v. United States, 2024 WL 4426628 (U.S. Oct. 7, 2024).

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