Appeals court revives House lawsuit for McGahn's testimony

Law Firm News

A federal appeals court in Washington on Friday revived House Democrats' lawsuit to force former White House counsel Don McGahn to appear before a congressional committee, but left other legal issues unresolved with time growing short in the current Congress.

The full U.S. Court of Appeals for the District of Columbia Circuit voted 7-2 in ruling that the House Judiciary Committee can make its claims in court, reversing the judgment of a three-judge panel that would have ended the court fight.

The matter now returns to the panel for consideration of other legal issues. The current House of Representatives session ends on Jan. 3. That time crunch means “the chances that the Committee hears McGahn’s testimony anytime soon are vanishingly slim," dissenting Judge Thomas Griffith wrote. Judge Karen LeCraft Henderson also dissented.

The Judiciary Committee first subpoenaed McGahn in April 2019 as it examined potential obstruction of justice by President Donald Trump during special counsel Robert Mueller’s Russia investigation. Trump directed McGahn not to appear and the Democratic-led panel filed a federal lawsuit to force McGahn to testify.

A trial judge ruled in November that the president’s close advisers do not have the absolute immunity from testifying to Congress that the administration claimed. Griffith and Henderson formed the majority when the appellate panel said in February that the Constitution forbids federal courts from refereeing this kind of dispute between the other two branches of government.

On Friday, the full court said the panel reached the wrong decision. Lawmakers can ask the courts “for judicial enforcement of congressional subpoenas when necessary," Judge Judith Rogers wrote. Congress needs detailed information about the executive branch for both oversight and impeachment, she wrote.

House lawmakers had sought McGahn’s testimony because he was a vital witness for Mueller, whose report detailed the president’s outrage over the investigation into Russian interference in the 2016 election and Trump’s efforts to curtail it.

In interviews with Mueller’s team, McGahn described being called at home by the president on the night of June 17, 2017, and being directed to call the Justice Department and say Mueller had conflicts of interest and should be removed. McGahn declined the command, deciding he would resign rather than carry it out, the report said.

Related listings

  • UConn student fugitive in court on murder charge, police say

    UConn student fugitive in court on murder charge, police say

    Law Firm News 06/10/2020

    A University of Connecticut student, who police say used a machete to kill a man, fatally shot a high school acquaintance, and then spent six days as a fugitive,  will be arraigned Friday on murder and other charges, authorities said.Peter Manfr...

  • Lawyer for Biden accuser Tara Reade drops her as a client

    Lawyer for Biden accuser Tara Reade drops her as a client

    Law Firm News 05/20/2020

    The attorney working with Tara Reade, the former Joe Biden Senate staffer who alleged he sexually assaulted her in the 1990s, said Friday he is no longer representing her, just two weeks after he first began working with her.Douglas Wigdor said in a ...

  • Lawyer: Security video in Arbery case may show water breaks

    Lawyer: Security video in Arbery case may show water breaks

    Law Firm News 05/15/2020

    A young black man filmed by a security camera walking through a home under construction in December and in February may have stopped at the site for a drink of water, according to an attorney for the homeowner thrust into the investigation of the fat...

Business News