In re: Don McGahn (also: Committee on the Judiciary, United States House of Representatives v. Donald F. McGahn II; U.S. House Judiciary Committee v. Donald F. McGahn)
In re: Don McGahn (also: Committee on the Judiciary, United States House of Representatives v. Donald F. McGahn II; U.S. House Judiciary Committee v. Donald F. McGahn) is a U.S. constitutional case lawsuit (1:19-cv-02379) filed in the United States District Court for the District of Columbia by the House Judiciary Committee to compel the testimony of former White House Counsel Donald F. McGahn, Jr. under subpoena. McGahn was put under subpoena to testify regarding his knowledge of the Russia investigation and Mueller Report and whether President Donald Trump's actions could constitute obstruction of justice. The case gained importance as the House launched impeachment proceedings against Trump regarding the Trump–Ukraine scandal.
In April 2019, the House Judiciary Committee subpoenaed McGahn to testify before Congress about potential obstruction of justice on the part of the Trump administration. The administration directed McGahn to ignore the subpoena, claiming that he was "absolutely immune" from compelled congressional testimony. In August 2019, the Judiciary Committee sued McGahn to compel his testimony. On November 25, U.S. District Court Judge Ketanji Brown Jackson ruled that McGahn must testify, declaring that "no one is above the law," but allowed McGahn to invoke executive privilege on certain questions. Jackson's ruling said that the Justice Department's claim to "unreviewable absolute testimonial immunity" is "baseless, and as such, cannot be sustained". The ruling is laced with references to and quotes from the Founding Fathers of the United States and the Constitution's Framers.
The case was appealed by the Department of Justice (DOJ), representing Don McGahn, and on November 26, the DOJ asked Jackson to put a temporary stay on her order so they could appeal it. The Justice Department requested a second stay pending an appeal of the ruling, but Judge Jackson rejected that request on December 2, calling the DOJ's assertion that the Judiciary Committee would not be harmed by a stay "disingenuous". In August 2020, the full US Court of Appeals for the District of Columbia Circuit ruled 7-2 that the House of Representatives could sue to subpoena McGahn.
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