An appeals court says House Democrats can subpoena former White House counsel Don McGahn, but he may not end up testifying before the election
A divided US Court of Appeals for the District of Columbia Circuit said McGahn's refusal to testify is grounds for the House to sue. The ruling is a win for Congress as a whole, emphasizing that it can sue to take an administration to court when there's a standoff between the branches, and a loss for President Donald Trump and the administration's attempt to expand executive powers.
Appeals court ruling on Don McGahn subpoenaBut in letting McGahn continue to challenge the subpoena on other grounds, the practical impact is that the court case is ongoing and he may not have to testify before the election.Friday's appeals court ruling was 7-2. Two Trump-appointed DC Circuit judges, Neomi Rao and Greg Katsas, did not hear the case after apparently recusing themselves.
Fearing Trump interference, FBI agents hid copies of Russia investigation docs The House Judiciary Committee has been trying to interview McGahn under oath since spring 2019, and Democrats say they want to question him about potentially obstructive behavior from the President during the Russia investigation, which McGahn witnessed and had disclosed to special counsel Robert Mueller.
Inside the Supreme Court's internal deliberations over Trump's taxesThe Justice Department, representing Trump and his Cabinet, had argued the courts should stay out of the disputes, letting Congress use politics and legislation to force the administration into compliance if it must. The White House lost at the trial-court level in the McGahn case. The House received an emphatic opinion from the judge, who wrote, "Presidents are not kings.
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