'I fully expect that the Committee will hold Mr. McGahn in contempt if he fails to appear before the Committee, unless the White House secures a court order directing otherwise,' Chairman Jerrold Nadler warned the former White House counsel in a letter.
Former White House counsel Don McGahn refused to meet the Tuesday deadline of a congressional subpoena to turn over documents at the direction of the White House, prompting the House Judiciary Committee chairman to threaten to pursue contempt proceedings if he also refuses to testify later this month.
A subsequent letter from McGahn's attorney, William Burck, to Nadler said that since"co-equal branches of government are making contradictory demands on Mr. McGahn concerning the same set of documents," he would not be providing them "unless and until the Committee and the Executive Branch can reach an accommodation."
"Any claim of executive privilege has been waived as to documents that the White House voluntarily disclosed to Mr. McGahn and his counsel," Nadler said."[W]ith regard to Mr. McGahn’s testimonial obligations, there is no valid executive privilege invocation that could be asserted in good faith regarding the subject of the Special Counsel’s investigation and report."
"You gotta do this. You gotta call Rod,” Trump told McGahn in June 2017. In another phone call, according to McGahn, Trump said: “Call Rod, tell Rod that Mueller has conflicts and can't be the Special Counsel…"Mueller has to go… Call me back when you do it." When the subpoena to McGahn was issued, Nadler said the Mueller report “outlines substantial evidence that President Trump engaged in obstruction and other abuses,” thus the need for documents and testimony from the former White House counsel.
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