House Judiciary Committee

Latest in House Judiciary Committee

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.

Impeachment

House Highlights Contradictions Between Justice Department and President's Impeachment Team

In its suit to obtain Mueller investigation grand jury materials, the House of Representatives has highlighted what it argues is a contradiction that "cannot be reconciled" between the Justice Department's position on impeachment and that expressed by President Trump's lawyers in his impeachment trial before the Senate. While the department has argued that a Senate impeachment trial is not a "judicial proceeding," the president's attorneys referred to the Senate as a "court" in the impeachment proceedings.

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