Appeals Court Says Don McGahn Doesnt Have to Testify in House Case

A federal appeals court on Friday ruled that former White House counsel Donald McGahn doesnt have to testify in the House Judiciary Committee, meaning he does not have to comply with a subpoena.

Three judges for the D.C. Circuit Court of Appeals ruled 2-1 to overturn an order that McGahn must comply with the Judiciary Committees subpoena, which was sent to him as part of the Democratic-led probe into whether President Donald Trump obstructed during then-special counsel Robert Muellers investigation into whether Russia interfered in the 2016 election.

“If we order McGahn to testify, what happens next? McGahn, compelled to appear, asserts executive privilege in response to the Committees questions,” Judge Thomas Griffith wrote in the opinion. “The Committee finds those assertions baseless. In that case, the Committee assures us, it would come right back to court to make McGahn talk. The walk from the Capitol to our courthouse is a short one, and if we resolve this case today, we can expect Congresss lawyers to make the trip often.”

Griffith was appointed by President George W. Bush. Judge Karen Henderson, who agreed with Griffith, was appointed by former President George H.W. Bush. Judge Judith Rogers, who was appointed by former President Bill Clinton, dissented.

The ruling argued that the Constitution bars federal courts from resolving disputes between the legislative and executive branches.

White House Counsel Don McGahn
White House Counsel Don McGahn
White House Counsel Don McGahn sits behind President Donald Trump as the president holds a cabinet meeting at the White House in Washington on June 21, 2018. (Jonathan Ernst/Reuters)

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The Epoch Times