January 6 Committee
Budowich v. Pelosi
Major Issue: Whether Speech or Debate Clause immunizes the Speaker of the House of Representatives and members of a committee from suits arising from the committee’s investigation and subsequent subpoenas.
Case Status: Complete.
Case Description: On Nov. 22, 2021, the House Select Committee to Investigate the January 6th Attack on the United States Capitol issued a subpoena to Taylor Budowich requesting production of documents and deposition testimony. The committee stated it had reason to believe he had directed approximately $200,000 from undisclosed sources to pay for an advertising campaign to encourage people to attend the rally that immediately preceded the attack on the Capitol. The committee also issued a subpoena to JPMorganChase Bank for certain Budowich bank records. JPMorgan notified Mr. Budowich of its intent to comply with the subpoena unless, within three days, Mr. Budowich could provide a legal basis for withholding the records. When Mr. Budowich did not do so, JPMorgan turned over the records. On the same day JPMorgan turned over the records, Mr. Budowich filed a complaint and requested a temporary restraining order against House Speaker Nancy Pelosi, the committee and its members, and JPMorgan, asserting constitutional violations and federal and state law claims.
Procedural Posture: The lawsuit was filed in the U.S. District Court for the District of Columbia, and Judge James E. Boasberg was assigned to the case. On Jan. 20, 2022, the District Court denied the Budowich motion for a temporary restraining order. On Feb. 18, 2022, Mr. Budowich filed an amended complaint. On March 25, 2022, the House and JPMorgan separately moved to dismiss the claims. On June 23, 2022, the District Court dismissed the lawsuit for lack of jurisdiction, mootness, and failure to state a claim. On Aug. 22, 2022, Mr. Budowich filed an appeal with the D.C. Circuit. On Oct. 3, 2022, the House and JPMorgan separately moved for the D.C. Circuit to affirm the District Court rulings. On Jan. 23, 2023, the D.C. Circuit denied both motions for summary affirmance. On March 8, 2023, upon receipt of a stipulation for dismissal from both parties, the D.C. Circuit ordered the case dismissed.
On December 24, 2021, Taylor Budowich filed a complaint and requested an emergency temporary restraining order in the U.S. District Court for the District of Columbia against House Speaker Nancy Pelosi, the House Select Committee and its members, and JPMorganChase Bank. District Judge James E. Boasberg was assigned to Civil Action No. 21-3366 (JEB). On Jan. 20, 2022, during an oral hearing, the District Court denied the Budowich motion for a temporary restraining order. On Feb. 18, 2022, Mr. Budowich filed an amended complaint and moved to compel JPMorgan to provide 10-days advance notice prior to producing any additional documents to the House. On March 25, 2022, the House and JPMorgan separately moved to dismiss the claims. On April 14, 2022, the District Court denied the Budowich motion to compel advance notice. On June 23, 2022, the District Court dismissed the lawsuit for lack of jurisdiction, mootness, and failure to state a claim. On Aug. 22, 2022, Mr. Budowich provided notice of his appeal to the D.C. Circuit.
- Budowich complaint (12-24-2022)(40 pages)
- Budowich emergency motion for temporary restraining order (12-24-2021)(7 pages)
- Affidavit supporting Budowich motion for TRO (12-24-2021)(2 pages)
- House opposition to TRO (1-12-2022)(54 pages)
- Budowich reply supporting TRO (1-18-2022)(23 pages)
- Budowich amended complaint (2-18-2022)(97 pages)
- House motion to dismiss lawsuit (3-25-2022)(26 pages)
- JPMorgan motion to dismiss lawsuit (3-25-2022)(43 pages)
- JPMorgan opposition to Budowich motion to compel (3-25-2022)(14 pages)
- Budowich reply supporting his motion to compel (4-1-2022)(4 pages)
- Budowich opposition to House motion to dismiss (4-8-2022)(45 pages)
- Budowich opposition to JPMorgan motion to dismiss (4-8-2022)(39 pages)
- District Court order denying Budowich motion to compel (4-14-2022)(4 pages)
- House reply supporting its motion to dismiss (4-15-2022)(27 pages)
- JPMorgan reply supporting its motion to dismiss (4-15-2022)(28 pages)
- House notice of supplemental authority (5-4-2022)(3 pages)
- Budowich notice of supplemental authority (5-27-2022)(1 page)
- District Court opinion dismissing complaint (6-23-2022)(38 pages)
- Budowich notice of appeal (8-22-2022)(40 pages)
On Aug. 22, 2022, Taylor Budowich filed an appeal of the opinion by the D.C. District Court dismissing his lawsuit. A three-judge panel from the D.C. Circuit Court of Appeals, with Judges Katsas, Rao, and Walker, was assigned to Case No. 22-5222. On Oct. 3, 2022, the House and JPMorgan separately moved to dismiss the lawsuit. On Oct. 13, 2022, Mr. Budowich opposed both motions.
- Budowich notice of district court opinion from which appeal arises (9-22-2022)(42 pages)
- House motion for summary affirmance of district court opinion (10-3-2022)(21 pages)
- JPMorgan motion for summary affirmance of district court opinion (10-3-2022)(31 pages)
- Budowich opposition to House motion for summary affirmance and motion to assign case to another panel (10-13-2022)(25 pages)
- Budowich opposition to JPMorgan motion for summary affirmance and motion to assign case to another panel (10-13-2022)(36 pages)
- House reply supporting summary affirmance of district court opinion (10-24-2022)(11 pages)
- JPMorgan reply supporting summary affirmance of district court opinion (10-24-2022)(22 pages)
- D.C. Circuit opinion denying both motions for summary affirmance (1-23-2023)(2 pages)
- D.C. Circuit order dismissing case (3-8-2023)(2 pages)
No proceedings to date.
