Executive Privilege

Latest in Executive Privilege

Senate Judiciary Committee

Senate Judiciary Subcommittee on Federal Courts, Oversight, Agency Action and Federal Rights Holds Hearing on Executive Privilege

A subcommittee of the Senate Committee on the Judiciary will hold a hearing on congressional oversight and executive privilege. Members will hear the testimony of four scholars and experts on the subject. 

Executive Privilege

House Notes Contradictory Positions of Trump Impeachment and Litigation Claims

The House submitted new filings to the U.S. Circuit Court for the District of Columbia in both the Mueller grand jury 6(e) material case and the case about the testimony of former White House Counsel Don McGahn. In the filing for the McGahn case, the House noted while Trump's impeachment defense team has "criticized the House for 'not seek[ing] to enforce' and 'subpoenas in court,'" the government has argued in the McGahn case that House Committees cannot ask the court to enforce subpoenas issued to the executive branch. The House makes a similar argument in the 6(e) filing.

Executive Privilege

Federal Judge Dismisses Kupperman Subpoena Suit

A judge in the U.S. District Court for the District of Columbia dismissed a suit from former Deputy National Security Advisor Charles Kupperman seeking guidance on whether to comply with a congressional subpoena for his testimony in the impeachment inquiry. The judge held that intervening events, including the House Permanent Select Committee on Intelligence's withdrawal of its subpoena to Kupperman, have rendered the suit moot. The opinion can be found 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.

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