Special reports: THE IDEA FACTORY
rulings

Court: Don McGahn can defy congressional subpoena

February 28, 2020
Win McNamee/Getty Images

A federal appeals court ruled Friday that former White House counsel Don McGahn can defy a congressional subpoena that sought to compel him to testify and turn over documents related to former Special Counsel Robert Mueller's investigation into the Trump administration's possible obstruction of justice, reports The Washington Post.

President Trump had blocked McGahn from complying with the subpoena. The Justice Department argued courts should not be involved in such "interbranch disputes," and Congress can conduct oversight "without dragging judges into the fray," reports HuffPost's Ryan Reilly. The court agreed.

The argument was the opposite of what attorneys said during Trump's impeachment trial; at that time Trump's legal team said subpoenas for executive branch witnesses should be handled in court. The White House has argued its advisers are "absolutely immune from compelled congressional testimony."

Read more at The Washington Post. Summer Meza