Appeals court rejects key argument against McGahn subpoena

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Appeals court rejects key argument against McGahn subpoena
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A federal appeals court has upheld a House subpoena for testimony from President Donald Trump’s former White House counsel Don McGahn

In the new en banc ruling, the federal appeals court divided cleanly along ideological lines. All seven judges in the majority are Democratic appointees, while the two dissenters were appointed by GOP presidents.a smaller panel of the same court issued in February. The Trump administration picked up no additional support for its position in Friday’s decision.

Justice Department spokesperson Kerri Kupec said administration lawyers “strongly disagree” with the appeals court’s ruling, but will now go back to the three-judge panel to pursue other arguments against the subpoena. “We look forward to the favorable resolution of the remaining issues before the DC Circuit in short order. In the meantime, today’s decision strikes a blow against the wall of impunity that President Trump has tried to build for himself,” the House chairman said.

The ruling is also notable for its heavy reliance on the Supreme Court’s recent decision in a separate attempt by the House to access Trump’s financial records from his accounting firm, Mazars USA. Rogers cited the decision 16 times to explain why the House met the burden to show why McGahn must cooperate with its inquiry.

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