A federal judge said Monday that former White House counsel Don McGahn must comply with a House subpoena.
Donald Francis McGahn II is an American lawyer who served as White House Counsel for U.S. President Donald Trump, from the day of Trump’s inauguration through October 17, 2018, when McGahn resigned. Previously, McGahn served on the Federal Election Commission for over five years /
Congress wanted McGahn to testify about former special counsel Robert Mueller’s final report; McGahn left the White House in October 2018, long before the events this year surrounding Trump’s communications with Ukraine. But the investigation into whether Trump was involved in a quid pro quo with the Ukrainian government — withholding US financial aide in exchange for help investigating Joe Biden and undermining the Mueller investigation — loomed over arguments in court
Over nearly four hours of arguments, US District Judge Ketanji Brown Jackson repeatedly expressed skepticism as Justice Department lawyer James Burnham argued that the courts lacked authority to intervene in a fight over congressional demands for information. Like the immunity argument, the role of the courts also bears on Democrats’ impeachment inquiry — there’s already one lawsuit filed by a potential impeachment witness asking a judge to decide if he has to comply with a subpoena or go with the White House’s claim of immunity
However in this evening’s ruling, the federal judge strengthened the power of Congress in its battles with President Trump, ruling that former White House Counsel Donald McGahn may be required to testify under oath about what he heard and saw during special counsel Robert S. Mueller III’s probe of Russian election meddling.
The judge’s decision upholding a congressional subpoena is a victory for House Democrats who have been anxious to establish a legal precedent that could force other top Trump administration officials to testify before Congress.
U.S. District Court Judge Ketanji Brown Jackson rejected Trump’s claim that McGahn was “absolutely immune” from being called to testify, even though he was no longer a White House employee. McGahn was following Trump’s order not to cooperate with House investigators.
