In a 2-1 decision, a U.S. appeals court overturned a judge’s ruling that said the House of Representatives Judiciary Committee’s subpoena to former White House Counsel Donald McGahn was lawful
WASHINGTON - A divided U.S. appeals court handed President Donald Trump a major legal victory on Friday by dismissing a Democratic-led congressional panel’s lawsuit seeking to enforce a subpoena for testimony from former White House Counsel Donald McGahn.
Friday’s decision represented a vindication for the Republican president’s sweeping directive that current and former officials defy congressional requests for testimony and documents on impeachment and a broad range of other subjects. The administration argued both that senior presidential advisers are “absolutely immune” from being forced to testify to Congress about official acts and that courts lack jurisdiction to resolve such disputes.
The two judges in the majority in the ruling, Thomas Griffith and Karen Henderson, agreed with that argument, writing, “Congress will obtain only the concessions it can wrest from the Executive Branch with the ample but imperfect tools at its disposal.” The dissenting judge, Judith Rogers, said the decision “all but assures future Presidential stonewalling of Congress, and further impairs the House’s ability to perform its constitutional duties.” Rogers was appointed by Democratic former president Bill Clinton.
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