January 6 Committee
Republican National Committee 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 February 23, 2022, the House Select Committee to Investigate the January 6th Attack on the United States Capitol issued a subpoena to Salesforce.com requesting production of documents and deposition testimony. The Select Committee sought information regarding whether and how the Trump campaign and the Republican National Committee (RNC) used Salesforce services to disseminate false statements about the 2020 election. On March 9, 2022, the RNC sued Speaker Pelosi and the Select Committee and its members to challenge the subpoena. On March 15, the RNC amended its complaint to include Salesforce as a defendant and simultaneously filed a motion for preliminary injunction to prevent Salesforce’s production of materials and deposition testimony.
Procedural Posture: The lawsuit was filed in the U.S. District Court for the District of Columbia and Judge Timothy J. Kelly was assigned to the case. On May 1, 2022, the Court granted the defendants’ motions to dismiss for lack of jurisdiction and for summary judgment. On May 5, the RNC appealed the case to the D.C. Circuit. On September 2, 2022, upon withdrawal of the subpoena, the parties moved to dismiss the case, and the D.C. Circuit granted the motion.
On March 9, 2022, the Republican National Committee filed a complaint in the U.S. District Court for the District of Columbia against House Speaker Nancy Pelosi and the Select Committee and its members. Judge Timothy J. Kelly was assigned to Civil Action No. 22-659 (TJK). On March 15, 2022, the RNC amended its complaint to include Salesforce as a defendant and filed a motion for preliminary injunction to prevent Salesforce’s production of materials and deposition testimony. On May 1, 2022, the District Court held that the Speech or Debate Clause of the U.S. Constitution barred the RNC’s claims against the congressional defendants. The Court also found the RNC had standing to sue Salesforce, dismissed as moot one of the RNC’s claims, and entered judgment against the RNC on the rest of its claims against Salesforce. On May 4, 2022, the RNC filed notice of appeal and moved for a preliminary injunction pending the appeal. On May 20, 2022, the D.C. District Court denied the motion for an injunction pending appeal, but granted a brief administrative injunction so the RNC could request the same relief from the D.C. Circuit Court which, in turn, granted it pending the appeal.
- RNC complaint to block subpoena (3-9-2022)(29 pages)
- Amended RNC complaint to block subpoena (3-15-2022)(31 pages)
- RNC memorandum in support of motion to block subpoena (3-15-2022)(38 pages)
- Joint status report (3-16-2022)(2 pages)
- House opposition to motion to block subpoena (3-23-2022)(57 pages)
- Salesforce response to motion to block subpoena (3-23-2022)(3 pages)
- NRSC amicus curiae brief in support of motion to block subpoena (3-23-2022)(19 pages)
- RNC reply memorandum on motion to block subpoena (3-29-2022)(32 pages)
- D.C. District Court order requiring additional briefs (4-5-2022)(3 pages)
- RNC supplemental brief (4-8-2022)(34 pages)
- House supplemental brief (4-8-2022)(24 pages)
- Salesforce supplemental brief (4-8-2022)(9 pages)
- RNC response brief (4-12-2022)(19 pages)
- House response brief (4-12-2022)(27 pages)
- House notice on status conference (4-19-2022)(8 pages)
- RNC response to notice on status conference (4-20-2022)(4 pages)
- D.C. District Court dismissal of claims and entering judgment against the RNC (5-1-2022)(53 pages)
- RNC motion to stay pending appeal (5-4-2022)(16 pages)
- RNC notice of appeal (5-4-2022)(2 pages)
- House opposition to motion to stay (5-6-2022)(17 pages)
- D.C. District Court opinion denying stay but granting delay (5-20-2022)(11 pages)
On May 5, 2022, the RNC appealed the District Court’s decision to the D.C. Circuit Court of Appeals. Judges Katsas, Rao, and Walker were assigned to Case No. 22-5123. On May 23, 2022, the RNC filed an emergency motion for an injunction to stay the District Court’s decision. On May 25, 2022, the D.C. Circuit Court granted the motion and imposed an injunction pending appeal. On September 2, 2022, upon withdrawal of the subpoena by the House committee, the parties moved to dismiss the case. On Sept. 16, 2022, the D.C. Circuit Court granted the motion to dismiss.
- RNC emergency motion for injunction (5-23-2022)(29 pages)
- House opposition to motion for injunction (5-23-2022)(14 pages)
- D.C. Circuit Court order granting stay (5-25-2022)(2 pages)
- RNC opening brief (6-24-2022)(131 pages)
- House unopposed motion to dismiss (9-2-2022)(9 pages)
- D.C. Circuit Court order dismissing case (9-16-2022)(2 pages)
No proceedings to date.
