Trump v. Deutsche Bank AG, No. 19-1540 (2d Cir. 2019)Annotate this Case
At issue are motions by several news organizations to intervene in a pending appeal and to unseal an unredacted letter filed by Deutsche Bank on August 27, 2019. Deutsche Bank filed the letter in an appeal from an order denying a preliminary injunction sought by President Trump and others to prevent compliance with subpoenas seeking production of numerous documents, including tax returns.
The Second Circuit granted the motions to intervene, because news media have a right to intervene to seek unsealing of documents filed in a court proceeding. However, the court denied the motions for unsealing, because the sealed letter was not relevant to any issue in the underlying appeal and thus it was not a judicial document within the meaning of the decisions requiring unsealing of documents with a court. Furthermore, the letter was not a record of any court which, absent special circumstances, would be available for public scrutiny.
The court issued a subsequent related opinion or order on December 3, 2019.