President Trump scored a major legal victory on Friday when a federal appeals court panel ruled Democrats have no right to hear testimony from former White House counsel Don McGahn
The U.S. Court of Appeals for the District of Columbia Circuit’s opinion overturned a lower court decision requiring McGahn’s testimony and told the judge presiding over the case to dismiss it outright. The ruling is a blow to House Democrats’ attempts to break the Trump administration’s intransigent stance that it can block Congress from talking to witnesses.
“The walk from the Capitol to our courthouse is a short one, and if we resolve this case today, we can expect Congress’s lawyers to make the trip often,” wrote Griffith, an appointee of President George W. Bush. As it has for years, the Justice Department contended that top presidential advisers like McGahn and other Trump administration officials enjoy “absolute immunity” from speaking to congressional investigators. While the majority on the appeals court did not not endorse the “absolute immunity” argument Friday, it did back an alternative DOJ contention that federal courts should not get involved in a dispute between the other two branches of government.
At issue in the McGahn testimony case is the House Judiciary Committee’s long-running bid to question McGahn about what he told Mueller’s team during the more than 30 hours the ex-White House counsel met with investigators as part of their probe into Russian interference in the 2016 presidential election., McGahn’s name appears more than 150 times, often during passages recounting the president’s attempts to kill or stymie the Russia investigation.
“In the context of impeachment, when the accuracy and thoroughness of the investigation may well determine whether the President remains in office, the House’s need for information is at its zenith,” Rogers wrote. However, Rogers warned turning lawmakers away from the courts could goad Congress into more extreme enforcement measures, potentially including use of the long-dormant “inherent contempt” powers to physically detain recalcitrant witnesses.
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