Judge Rules Don McGahn Must Testify Before Congress

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NEW YORK, NY - JANUARY 9: Don McGahn, White House Counsel to President-elect Donald Trump, arrives at Trump Tower, January 9, 2017 in New York City. President-elect Donald Trump and his transition team are in the process of filling cabinet and other high level positions for the new administration. (Photo by Drew Angerer/Getty Images)

A federal judge ruled that former White House Counsel Don McGahn must testify about his time working for Donald Trump. Politico writes:

In a decision that could reshape the balance of power between Congress and the executive branch, U.S. District Court Judge Ketanji Brown Jackson ruled that McGahn, who spent 30 hours talking to special counsel Robert Mueller’s team, can’t hide behind President Donald Trump’s claim that he is “absolutely immune” from speaking to Congress.

This could clear the way for others to testify, including former national security advisor John Bolton. 

The Wall Street Journal adds:

The Monday ruling comes as part of a lawsuit brought by the House of Representatives to enforce a subpoena against Don McGahn, Mr. Trump’s former White House counsel. Though the House is seeking Mr. McGahn’s testimony in matters unrelated to the president’s interactions with Ukraine that are part of the current impeachment inquiry, the ruling could have broader implications.

Mr. McGahn “must appear before the Committee to provide testimony, and invoke executive privilege where appropriate,” Judge Jackson wrote.

The White House is expected to appeal this decision.

Rep. Adam Schiff (D-CA), the Chairman of the House Intelligence Committee commented:

“Today’s McGahn ruling is a very significant victory for congressional oversight, and for the American people.

With today’s ruling, the courts have made it absolutely clear – first with Harriet Miers and now with Don McGahn – that absolute immunity is not a legitimate basis by which to prohibit senior White House officials from testifying before Congress. To those witnesses who hide behind fallacious claims of absolute immunity, this ruling shows again how meritless their position remains.”