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)¹²⁶¹²⁶ See ECF No. 252 at 81 & n.465, 141 & n.658; SCO-00029459 (Video of Pence Evacuation 01/06/2021). 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)¹⁵⁸¹⁵⁸ See ECF No. 252 at 122-123 & n.592; SCO-04976283 at 53:25-53:59 (Video of Dalton, GA speech 01/04/2021). 11/17/2023 Court Opinion & Order (Defendant's Motion to Strike)

¶Court Opinion & Order (Defendant's Motion for Pretrial Rule 17(c)¹⁶⁵¹⁶⁵ See also, e.g., United States v. Correia, 55 F.4th 12, 26 (1st Cir. 2022); Knickerbocker Merchandising Co. v. United States, 13 F.2d 544, 546 (2d Cir. 1926); United States v. Coyle, 63 F.3d 1239, 1243 (3d Cir. 1995); United States v. Hester, 880 F.2d 799, 803 (4th Cir. 1989); United States v. Dillman, 15 F.3d 384, 392-393 (5th Cir. 1994); United States v. Kennedy, 714 F.3d 951,958 (6th Cir. 2013); United States v. Schwartz, 787 F.2d 257,265 (7th Cir. 1986); United States v. Marley, 549 F.2d 561, 563-564 (8th Cir. 1977) ("It must also be noted that the courts have long recognized that scienter may be established where reckless disregard of truth or falsity is present."); United States v. Dearing, 504 F.3d 897,903 (9th Cir. 2007); United States v. Cochran, 109 F.3d 660,665 (10th Cir. 1997); United States v. Clay, 832 F.3d 1259, 1311 (I Ith Cir. 2016).Show full note 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)¹⁷⁶¹⁷⁶ See ECF No. 252 at 17 & nn.67-68, I 8 & n.72, 29-30 & nn.139-144, 32 & n.159; SCO- 12733339 at 4 (Int. Rep.); SCO-00767550 at 10-11 (HSC Tr.); SCO-11509251 at 41-42 (Int. Tr.); SCO-12998394 at 1-3 (Tr. of Georgia Secretary of State Call O1/02/2021); SCO-00829361 at 16-17 (HSC Tr.). 12/5/2023 Government's Notice Pursuant to Federal Rule of Evidence 404(b)¹⁸¹¹⁸¹ Conference 11/07/2020); SCO-04976264 (Video of RNC Press Conference 11/19/2020). 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)¹⁸⁸¹⁸⁸ See ECF No. 252 at 11-12 & nn.32-35; SCO-12920242 at 1, 4, 7 (Int. Rep.); SCO-00006256 at 44-52; SCO-12945 I 95 (Email ll/28/2020); SCO-00764172 at 26-27 (HSC Tr.); SCO-11532925 at 70-71 (Int. Tr.); SCO-00014655 at 68-73. 12/18/2023 Government's Notice of Service (Government's Draft Exhibit List)¹⁹¹¹⁹¹ See ECF No. 252 at 61 & nn.324-326; SCO-12245107 at 1-2 (Draft Letter from Co-Conspirator 2). 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 198,¹⁹⁹¹⁹⁹ See ECF No. 252 at 18 & nn.73-76, 20 & n.88, 26-27 & nn.123-126, 28 & n.132, 31 & n.146, 40 & n.206; see, e.g., SCO-00456209, SCO-00715415 (Donald J. Trump Tweet 11/11/2020); SCO-00455691, SCO-12858431 (Donald J. Trump Retweet 11/30/2020); SCO-00455690, SCO-12987528 (Donald J. Trump Tweet 11/30/2020); SCO-00455536, SCO-12858636 (Donald J. Trump Retweet 12/06/2020). 8/3/2024

¶Dismiss for Selective and Vindictive Prosecution)²²⁶²²⁶ See 167 CONG. RECORD S5686 (daily ed. Aug. 3, 2021) (statement of Sen. Klobuchar) ("The insurrection at the Capitol was more than an assault on democracy. . . . [I]t was also an actual life-or-death situation for the many brave law enforcement officers who show up here to do their work every day."); id. at S5687 (statement of Sen. Blunt) ("I am incredibly grateful for the heroic actions we saw that day [January 6] from the Capitol Police, from the Metropolitan Police, who ... were here within 10 or 12 minutes of being called."); 167 CONG. RECORD H2790 (June I5, 2021) (statement of Rep. McHenry) ("[T]he brave men and women who stood and faced danger on January 6 deserve to be recognized for their actions. Without their courageous work and their dedication, many of us here today could have been seriously injured or worse.").Show full note 8/27/2024 Superseding Indictment 228 8/27/2024 Government's Notice of Superseding Indictment 229 8/30/2024 Joint Status Report (Pretrial Schedule)²³²²³² See ECF No. 252 at 77-78 & n.442; SCO-02244118 at 6 (Remarks by Mr. Trump at Save America Rally 01/06/2021). 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)²⁵²²⁵² The Department's election-related policies were first developed in the context of investigations involving ballot fraud, where PIN's Election Crimes Branch has for decades maintained a written non-interference policy that applies only in the context of ballot fraud investigations. See Federal Prosecution of Election Offenses (8th ed. 2017) at 84-85. That policy, which precludes certain investigative actions in a ballot fraud investigation until after the election to which the investigation relates is completed and certified, was codified in the Justice Manual in August 2022. See Justice Manual § 9-85.300. Because the 2020 presidential election had been completed and certified before our investigation began, the ballot fraud policy had no application to the Office's work.Show full note 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)²⁶⁶²⁶⁶ The Office addressed separation of powers and clear-statement principles in the district court, see ECF No. I09 at 32-34, and the Supreme Court, see Trump, No. 23-939, Brief for the United States at 26-31. Neither the district court nor the majority opinion in the Supreme Cou1t addressed the application of clear-statement principles to the charges in the case. 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 Argument 268 2038999,

¶2/6/2024 Court Judgment & Opinion 269 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)⁸⁸ Compare SCO-02244118 at 11, 19 (Remarks by Mr. Trump at Save America Rally Ol/06/202 I) (Mr. Trump asserting on January 6 that there were 205,000 more votes than voters in Pennsylvania) with SCO-00709557 at 156 (SJC Tr.) (stating that Mr. Trump was told on January 3 that the allegation that there were more votes than voters in Pennsylvania was untrue); see also SCO-04976459 at 02:06:23-02:07:00 (Video of Arizona State Hearing 11/30/2020) (Co-Conspirator I stating that there could have been "five million illegal aliens in Arizona," and "a few hundred thousand" of those who fraudulently voted, even though the state had a total population of approximately 7.4 million). The Future of the Independent Counsel Act: Hearings before the S. Comm. on Governmental Affairs,Show full note 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)

¶15,¹⁶¹⁶ See ECF No. 252 at 44-45 & nn.227-229; SCO-00455825 (Donald J. Trump Retweet 11/24/2020); SCO-12858284 (Tweet 11/24/2020) (showing Donald J. Trump Retweet); SCO-00455769, SCO-12858342 (Donald J. Trump Retweet 11/26/2020); SCO-04949395 at 3 (Remarks by Mr. Trump on the Presidential Election 12/02/2020); SCO-02244118 at 18-19 (Remarks by Mr. Trump at Save America Rally O1/06/2021). See also A Review of Various Actions by the Federal Bureau oflnvestigation and Department of Justice in Advance of the 2016 Election, U.S. Dep't ofJustice Office of Inspector General (June 2018) at 18 ("[I]n general, the practice has been not to take actions that might have an impact on an election, even if it's not an election case or something like that."), available at https://s3 .documentcloud.org/documents/4515 884/DOJ-OI G-2016-Electio_n-Final-Report.pdf. Blanche Law PLLC 99 Wall Street, Suite 4460 I New York, NY 10005 (212) 716-1250 I www.BlancheLaw.comShow full note 2/28/2024

¶(originally filed in Trump v. United States, No. 23A745 (U.S.))⁴⁷⁴⁷ See, e.g., ECF No. 252 at 53 & n.282; see, e.g., SCO-12949797 at 82-83 (Int. Tr.); SCO-11547433 at 4, 6 (Int. Rep.); SCO-00009540 at 15-16; SCO-00017495 at 42-45; SCO-11551879 at 51-55 (Int. Tr.); SCO-00017100 at 53- 55; SCO-11548772 at 75-85 (Int. Tr.); SCO-11568208 at 107-109; SCO-11514688 at 6-7 (Int. Tr.); SCO-12832045 at 75-78 (Int. Tr.); SCO-12808771 at 24-30, 40-41 (Int. Tr.); SCO-11523905 at 153-154 (Int. Tr.); SCO-12741405 (Email from Co-Conspirator 5 12/14/2020); see also SCO-00310647 (Email to Co-Conspirator 1, Co-Conspirator 5, Co-Conspirator 6, and others 12/11/2020).Show full note 4/8/2024 Government's Brief (Presidential Immunity)⁶⁵⁶⁵ See, e.g., SCO-00775937 at 47-58 (HSC Tr.); SCO-00764172 at 18-19 (HSC Tr.). 4/25/2024 Oral Argument 270 66,67 7/1/2024 Court Opinion & Judgment (Presidential Immunity)²⁷¹²⁷¹ 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 Argument 272

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)²⁷³²⁷³ 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)²⁷⁵²⁷⁵ 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)

¶Additional filings in this matter have been made publicly available in In re Sealed Case, No. 23-300 I (D.C. Cir.),

145

¶In re Sealed Case, No. 23-3001 (D.C. Cir.)

¶Doc. No. Date Document DescriQtion

¶2031508

¶2/16/2023 Government's Brief

¶(Att. 12)

¶--- 2/23/2023 Oral Argument 281

¶2015233 9/5/2023 Court Judgment 2016705 9/13/2023 Court Opinion (decided 9/5/2023)²⁸²²⁸² See In re Sealed Case, 80 F.4th 355 (D.C. Cir. 2023).