House Oversight Plans to File Opposition to Trump Stay Motion

November 18, 2019

Mr. Scott Harris
Clerk
Supreme Court of the United States
One First Street, N.E.
Washington, DC 20543

Re: Donald J. Trump et al. v. Mazars USA, LLP, et al., No. 19A545

Dear Mr. Harris:

On November 15, 2019, President Donald Trump, in his individual capacity, and several related entities (collectively, the Trump Applicants) filed an application with this Court for a stay of the D.C. Circuit's mandate pending disposition of their forthcoming petition for a writ of certiorari. In addition, the Trump Applicants sought an immediate administrative stay to allow this Court time to rule on their stay motion. Absent a stay, the D.C. Circuit's mandate will issue on November 20, 2019.

This case involves a subpoena issued by the U.S. House of Representatives Committee on Oversight and Reform to Mazars USA, LLP, a long-time accountant for the Trump Applicants. The district court granted enforcement of the Committee's subpoena. The Trump Applicants appealed to the D.C. Circuit, and the Committee agreed to a stay pending appeal, in exchange for an expedited briefing and argument schedule, which was granted. A panel of the D.C. Circuit upheld the validity of the Committee's subpoena, and the court of appeals on November 13, 2019, denied rehearing en banc through an 8-3 vote.

The Committee will file an opposition to the Trump Applicants' motion for a stay of issuance of the D.C. Circuit's mandate pending disposition of their upcoming certiorari petition. Out of courtesy to this Court, the Committee does not, however, oppose a short ten-day administrative stay, beginning on November 20, 2019, to enable the Court to receive an opposition by the Committee and then rule on the Trump Applicants' request for a stay pending certiorari. The Committee will plan to file its opposition to the stay request on November 22, 2019.

Respectfully submitted,

Douglas N. Letter
General Counsel

OFFICE OF GENERAL COUNSEL
U.S. HOUSE OF REPRESENTATIVES
219 Cannon House Office Building
Washington, D.C. 20515
(202) 225-9700
douglas.letter@mail.house.gov

cc:
William S. Consovoy, Esq.
Jerry Daniel Bernstein, Esq.