Executive Power

White House and House Judiciary Committee Letters Regarding May 21 Testimony

By Matthew Kahn
Monday, May 20, 2019, 4:04 PM

On Monday, the White House notified the House judiciary committee that the president had directed former White House counsel Don McGahn not to appear before the committee on May 21 pursuant to a subpoena issued earlier this month. The letter sent to judiciary committee Chairman Jerrold Nadler cited an opinion from the Justice Department Office of Legal Counsel (OLC) issued earlier on Monday that argued McGahn enjoys immunity from compelled testimony as a former senior aide to the president. Later on Monday, Nadler wrote to McGahn analyzing the White House directive and OLC analysis and concluding that McGahn was still required to comply with the subpoena. Both letters are below.

White House Letter to Nadler

Nadler Letter to McGahn