Katie Phang v. Todd Blanche
CourtCourt of Appeals for the D.C. Circuit
Date FiledOctober 28, 2026
Docket26-5299
StatusPublished
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Full Opinion
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 26-5299 September Term, 2026
1:26-cv-01417-EGS
Filed On: October 28, 2026
Katie Phang,
Appellee
v.
Todd Blanche, in his official capacity as
Attorney General of the United States,
Appellant
------------------------------
Consolidated with 26-5334
BEFORE: Srinivasan, Chief Judge, and Pillard and Pan, Circuit Judges
ORDER
Upon consideration of the motion for a stay pending appeal, the opposition
thereto, and the reply; and the motion to dismiss and the opposition thereto, it is
ORDERED that the motion to dismiss be referred to the merits panel to which
these appeals are assigned. The parties are directed to address in their briefs the
issues presented in the motion to dismiss rather than incorporate those arguments by
reference. It is
FURTHER ORDERED that the motion for a stay pending appeal be denied. The
government has not satisfied the stringent requirements for a stay pending appeal. See
Nken v. Holder, 556 U.S. 418, 434 (2009); D.C. Circuit Handbook of Practice and
Internal Procedures 33 (2026). In particular, the government has failed to show that it
is irreparably harmed by merely initiating review of foreign-language documents under
the Epstein Files Transparency Act. To the extent the government objects to producing
documents before the merits of the case are resolved, production does not appear to
be imminent. See Wisconsin Gas Co. v. FERC, 758 F.2d 669, 674 (D.C. Cir. 1985)
(per curiam) (“[T]he party seeking injunctive relief must show that the injury complained
of is of such imminence that there is a clear and present need for equitable relief to
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
____________
No. 26-5299 September Term, 2026
prevent irreparable harm.” (cleaned up)). Nor could the government show irreparable
harm during the pendency of the appeal from production of foreign-language
documents as to which the government does not substantively dispute its production
obligation. As appellee observes, the government in that instance would “only produce
documents that” it itself “concludes must be disclosed by law.” Phang Opp. 37. By
contrast, insofar as the government may conclude after its “initial review” that it has a
substantive basis to redact or withhold production of “certain foreign-language
documents” and the parties disagree about whether such “documents have been
properly redacted or withheld,” appellee acknowledges that “such disputes will need to
be resolved through further litigation.” Id. at 37 n.4. The possibility of disclosure only
after “further litigation” is not present irreparable harm.
Per Curiam
FOR THE COURT:
Clifton B. Cislak, Clerk
BY: /s/
Selena R. Gancasz
Deputy Clerk
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