Court rules that Don McGahn has to honor Congressional subpoena

A federal judge strengthened the power of Congress in its battles with President Trump on Monday, ruling that former White House Counsel Donald McGahn may be required to testify under oath about what he heard and saw during special counsel Robert S. Mueller III’s probe of Russian election meddling.

The judge’s decision upholding a congressional subpoena is a victory for House Democrats who have been anxious to establish a legal precedent that could force other top Trump administration officials to testify before Congress.

And although the case began as a result of the Mueller probe, it could have impact in the current impeachment proceedings against Trump. It sets the stage for what could be a historic court test of the president’s ability to prevent senior aides from testifying.

In her ruling, U.S. District Court Judge Ketanji Brown Jackson rejected Trump’s claim that McGahn was “absolutely immune” from being called to testify, even though he was no longer a White House employee. McGahn was following Trump’s order not to cooperate with House investigators.

“With respect to senior-level presidential aides, absolute immunity from compelled congressional process simply does not exist,” the judge wrote in a 120-page opinion.

SimplyMe said:

Too bad the Trump administration will ignore this ruling, choosing to appeal. I think most in the administration know they will ultimately lose the appeal but want to "run the clock" as long as possible.

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Agreed on all counts.

A federal appeals court on Friday upheld the House's subpoena of former White House counsel Don McGahn, ruling that Congress has the right to enforce its subpoenas in court.

Although the ruling is a clear victory for congressional Democrats, it does not mean that McGahn will be sitting for testimony anytime soon. The majority decision did not address the Trump administration's claim that White House officials are immune to congressional subpoena, so even if McGahn does not appeal the ruling, the two sides will still have more to litigate before the D.C. Circuit.

DOJ says Dems are out of time to force testimony on alleged obstruction by Trump
The filing argues that because of the coming changeover in Congress, a House panel’s attempt to hear from former White House counsel Don McGahn is no longer valid.

The House subpoenaed McGahn for testimony in May 2019, but he refused to appear and the House has been litigating to force the issue since August 2019, pleading with judges at all levels to expedite the matter because it was crucial to potential articles of impeachment against Trump.

The Justice Department’s filing says that because the current Congress is about to expire and a new Congress, with many new lawmakers, is set to take office on Jan. 3, the House Judiciary Committee’s attempt to obtain McGahn’s testimony is no longer valid.

'C'mon, the year's practically over. Can't we just skip the next month and a half and start fresh with a clean slate next year? Nobody ever drags these things out.'

However, congressional lawsuits have routinely spanned many years and multiple election cycles, with routine votes to renew pending litigation taken at the outset of the new Congress. For example, House Republicans litigated efforts to secure documents related to an Obama-era gun-running program, known as Fast and Furious, from 2012 to 2019.

'Oops.'

The latest. There's a deal. But it's a secret.

The Biden Justice Department and lawyers for House Speaker Nancy Pelosi (D-Calif.) have reached an agreement about how to handle a congressional subpoena for testimony from former Trump White House counsel Donald McGahn.

The House Judiciary Committee and the Biden administration announced the deal Tuesday in a filing with the U.S. Court of Appeals for the District of Columbia Circuit [asking it to dismiss a hearing that was scheduled to sort things out in court]. The parties told the court they have “an agreement in principle on an accommodation.” Former president Donald Trump is “not a party to the agreement,” the filing states.

No additional details were provided about the negotiated settlement.

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Former Trump White House counsel Don McGahn will testify before the House Judiciary Committee behind closed doors about then-President Donald Trump's attempts to obstruct the Russia investigation, the House and the Justice Department announced in a court filing Wednesday night.

The interview will happen "as soon as possible," and a transcript will be released in the days after, the court filing said.

The committee members who interview McGahn can ask him about the incidents documented in the Mueller report of Trump's attempts to fire special counsel Robert Mueller and block the Russia investigation, and about the Mueller investigation's accuracy. The Justice Department can assert executive privilege or McGahn can decline to answer on other topics, which would essentially block House Democrats from learning details McGahn might know about other major scandals during Trump's presidency.

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Former Trump White House Counsel Don McGahn is testifying Friday before the House Judiciary Committee about former President Donald Trump's attempts to obstruct the Russia investigation, in a closed-door interview that's the culmination of a two-year court fight Democrats waged against the Trump administration.

The interview is poised to have McGahn put on record with Congress about some of the most pivotal moments of the Trump presidency, such as when Trump directed McGahn to fire then-special counsel Robert Mueller and McGahn refused. These incidents were documented in Mueller's final report then were nearly eclipsed from public discussion during inter-branch power struggles in 2019 and 2020.

House Judiciary Chairman Jerry Nadler told reporters before walking back into the closed-door interview that having him testify "vindicates the congressional subpoena."

While the interview is being held behind closed doors, a transcript will be released in the following days, according to the agreement that was reached. He will be interviewed by both Democrats and Republicans on the Judiciary Committee, in alternating rounds.