Mueller didn't make Donald Trump Jr. or Don McGahn testify, and a judge is curious to know why


The Justice Department revealed in a court filing Sunday that former Special Counsel Robert Mueller did not make either Donald Trump Jr. or former White House Counsel Don McGahn testify before a grand jury he used for his Russia investigation. The filing was in response to U.S. District Judge Beryl Howell's ruling Thursday that the Justice Department was withholding too much information from the House Judiciary Committee in its ongoing wrangling with Attorney General William Barr over Mueller's evidence.
Howell appeared perplexed by Mueller's decision. "The Special Counsel's reasons remain unknown," she wrote in her opinion. "The reason is not that the individuals were insignificant to the investigation. To the contrary, both of the non-testifying individuals named in paragraph four figured in key events examined in the Mueller Report."
McGahn's lawyer offered one explanation, telling Politico that because McGahn "voluntarily agreed to be interviewed" for about 30 hours at Mueller's office, "there was no need for a grand jury subpoena." Former federal prosecutor Renato Mariotti found that explanation plausible. "If a witness agrees to be interviewed by FBI agents, as McGahn did, typically prosecutors won't put him in the grand jury to testify unless there's a concern that he will later change his story," he tweeted. "As for Trump Jr., this suggests to me that his lawyers said he would take the Fifth."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Lawyers for some of Mueller's other witnesses have said they believe Trump Jr. told Mueller's prosecutors he would assert his Fifth Amendment right against self-incrimination before the grand jury, and Mueller's team decided not to compel his testimony with a promise of immunity, Politico reports. Howell also noted in her ruling last week that Mueller declined to subpoena President Trump for an interview or grand jury testimony despite being dissatisfied with the president's written responses to his prosecutors' questions.
The upshot of Sunday's filing is that is strengthens the House Judiciary Committee's case "that Barr redacted the Mueller [Report] itself improperly," journalist Marcy Wheeler argues, because it hides the "non-testimony" of Trump and his son "behind frivolous redactions."
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
The Scattered Islands and France's 'triangle of power' in the Indian Ocean
Under The Radar Small, uninhabited but strategically important islands are a point of contention between France and Madagascar
-
6 isolated homes for hermits
Feature Featuring a secluded ranch on 560 acres in New Mexico and a home inspired by a 400-year-old Italian farmhouse in Colorado
-
Magazine solutions - May 9, 2025
Puzzles and Quizzes Issue - May 9, 2025
-
How could Trump ending a VA mortgage program leave veterans on the streets?
Today's Big Question Vets could face foreclosure as a result of the White House's actions
-
Kamala Harris steps back on center stage
IN THE SPOTLIGHT In her first major speech since Donald Trump took office, the former presidential candidate took solid aim at this administration as speculation grows about her future
-
Trump blames Biden for tariffs-linked contraction
speed read The US economy shrank 0.3% in the first three months of 2025, the Commerce Department reported
-
Trump's crypto 'sea change' upends Washington's finances
In the Spotlight By embracing digital currency, the White House is clearing a path for a new era in dubious self-enrichment
-
'It is not enough to simply defend the status quo'
Instant Opinion Opinion, comment and editorials of the day
-
Trump says he could bring back Ábgego García but won't
Speed Read At a rally to mark his 100th day in office, the president doubled down on his unpopular immigration and economic policies
-
Canada's Liberals, Carney win national election
Speed Read The party of Prime Minister Mark Carney beat Conservative Pierre Poilievre thanks in part to Trump's trade war
-
A 'meltdown' at Hegseth's Pentagon
Feature The Defense Secretary is fighting to keep his job amid leaked Signal chats and staff turmoil