Former White House Counsel Donald McGahn must comply with a Congressional subpoena, a federal judge in Washington ruled Monday.
The ruling came in a case brought by the House Judiciary Committee in August in an effort to enforce its subpoena demanding McGahn's congressional testimony about events relating former special counsel Robert Mueller's investigation after President Donald Trump directed him not to comply.
"Don McGahn is a central witness to allegations that President Trump obstructed Special Counsel Mueller’s investigation, and the Administration’s claim that officials can claim ‘absolute immunity’ from Congressional subpoenas has no basis in law, as the court recognized today," Nadler said in the statement.
Attorneys for the House wrote in their August complaint that the"absolute immunity" claim has"no grounding in the Constitution, any statues or case law," and say the president cited"no legal authority" for McGahn -- who is a private citizen -- to defy a congressional subpoena. Burck said,"Don McGahn will comply with Judge Jackson’s decision unless it is stayed pending appeal. DOJ is handling this case, so you will need to ask them whether they intend to seek a stay."
While the Department of Justice has turned over summaries of interviews with some Mueller witnesses to the House Judiciary committee as part of an agreement reached by the committee and the DOJ, notes from McGahn's interview have not yet been turned over, according to a court filing submitted by the Justice Department last month.
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