The House Judiciary Committee urged a federal appeals court to force former White House counsel Don McGahn to testify, despite Trump's impeachment
WASHINGTON – The House Judiciary Committee told a federal appeals court Monday that it still needs to hear from former White House counsel Don McGahn about potential obstruction of justice, though the House voted to impeach President Donald Trump on other charges.
A three-judge panel of the D.C. Circuit Court of Appeals – Judges Karen Henderson, Judith Rogers and Thomas Griffith – is scheduled to hear oral arguments Jan. 3 about whether to enforce a committee subpoena that McGahn defied in May. The case could redefine the relationship between the legislative and executive branches of government. Other potential witnesses in the impeachment inquiry, such as acting White House Chief of Staff Mick Mulvaney and former national security adviser John Bolton, said they wanted clarification from the courts about whether they could be forced to testify because such cases are rare and disputed.
Rather than focusing on the Mueller probe, the House approved two articles of impeachment based on the House Intelligence Committee's findings about Trump's dealings with Ukraine. The House alleged Trump abused the power of his office by pressuring Ukraine to investigate a political rival, then obstructed Congress by stonewalling the investigation.
"Today, this Court adds that this conclusion is inescapable precisely because compulsory appearance by dint of a subpoena is a legal construct, not a political one, and per the Constitution, no one is above the law," Jackson wrote.
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