Donald McGahn

Latest in Donald McGahn

Mueller Investigation

Oral Arguments in the D.C. Circuit En Banc Consideration of Committee on the Judiciary v. McGahn and U.S. House of Representatives v. Mnuchin

Judges were skeptical of the Department of Justice’s sweeping arguments but searched for limiting principles on court cases brought by Congress.

Mueller Investigation

En Banc Oral Argument Preview: Committee on the Judiciary v. McGahn

On April 28, the U.S. Court of Appeals for the D.C. Circuit, sitting en banc, will hear oral arguments for Committee on the Judiciary v. McGahn, the case concerning whether the House of Representatives can go to court to enforce subpoenas compelling testimony from Trump administration officials.

Mueller Investigation

House Submits En Banc Brief in McGahn Subpoena Case

The House Judiciary Committee has filed its brief before the U.S. Court of Appeals for the D.C. Circuit regarding the en banc rehearing of Committee on the Judiciary v. McGahn, concerning the committee's effort to compel the testimony of former White House counsel Donald McGahn regarding events described in the Mueller report. In the brief, the committee argues that the D.C.

Mueller Investigation

House Appeals Decision in McGahn Subpoena Case

The U.S. House of Representatives petitioned the U.S. Court of Appeals for the D.C. Circuit to grant en banc rehearing in their case seeking to compel the testimony of former White House counsel Donald McGahn. Last week, a three-judge panel held that federal judges do not have the authority to resolve disputes between the White House and Congress. The House petition argues that the ruling impermissibly overruled D.C.

Mueller Investigation

D.C. Circuit Dismisses McGahn Subpoena Case

On Feb. 28, the U.S. Court of Appeals for the D.C. Circuit dismissed the House Judiciary Committee's lawsuit to compel the testimony of former White House Counsel Don McGahn. Writing on behalf of the court, Judge Thomas B. Griffith wrote, "The Department of Justice (DOJ), on behalf of McGahn, responds that Article III of the Constitution forbids federal courts from resolving this kind of interbranch information dispute. We agree and dismiss this case." The opinion is available here and below.

Congress

District Judge Denies Stay in McGahn Case

Though the circuit court granted an administrative stay, a judge in the U.S. District Court for the District of Columbia has denied a motion by the Department of Justice to stay a Nov. 25 ruling that held that McGahn does not have absolute testimonial immunity and must comply with a congressional subpoena for his testimony. The denial of the stay can be found here and below.

Congress

District Court Judge Rules McGahn Must Comply With Congressional Subpoena

A judge in the United States District Court for the District of Columbia ruled that the President's former White House Counsel Don McGahn must testify before impeachment investigators pursuant to a subpoena issued by the House Judiciary Committee. McGahn served as Trump's White House counsel from inauguration until October 2018. McGahn can appeal the ruling and request a stay pending appeal. The ruling can be found here and below.

norms

Rules and Norms in the Trump Presidency: The Risks and Rewards of ‘Playing It Straight’ on the Inside

James Comey famously does things his own way, and the Department of Justice inspector general has not approved. Having criticized the former FBI director’s handling of the Clinton email investigation, the inspector general most recently upbraided him for his use of “sensitive investigative information” in sounding an alarm about Donald Trump.

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