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May 21, 2019

The subpoena wars continue.

House Democrats on Tuesday gathered to to hear testimony concerning Special Counsel Robert Mueller's investigation into 2016 Russian election interference. But, for the second time this month, the witness did not show up. Former White House Counsel Don McGahn followed in the footsteps of Attorney General William Barr, who refused to appear before the House Judiciary Committee earlier in May.

McGahn was directly instructed by the White House to defy a subpoena for his appearance, based on a Justice Department opinion that his former role in the White House means he cannot be compelled to testify about his official duties.

House Judiciary Chair Rep. Jerrold Nadler (D-N.Y.) feels quite differently, however. He made that clear as the hearing, which went on — albeit briefly — even without McGahn. Nadler did acknowledge that McGahn did not "blindly" participate in unethical behavior during Mueller's investigation, but that doesn't mean he's off the hook when it comes to testimony. The congressman tossed aside the White House's stance on McGahn's obligation, arguing that he must show up, and that the Trump administration must cease its meddling in such cases altogether.

Ultimately the debate over whether McGahn must testify will be decided by the courts, Fox News' senior judicial analyst Judge Andrew Napolitano said on Tuesday. Tim O'Donnell

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