House investigators would love to talk to former White House Counsel Don McGhan. Photo: Drew Angerer/Getty Images A key witness subpeonaed earlier this year by the House Judiciary Committee in its investigation of presidential obstruction of justice has been ordered to testify by a federal judge. D.C.
Citing Congress’s constitutional power to investigate suspected abuses of power within the government, Judge Jackson wrote that the Trump administration’s “claim to unreviewable absolute testimonial immunity on separation-of-powers grounds — essentially, that the Constitution’s scheme countenances unassailable executive branch authority — is baseless, and as such, cannot be sustained.”
If sustained, Jackson’s decision could expose multiple current and former executive-branch officials to subpoena from the various congressional committees investigating Trump and his minions. But the Justice Department is certain to appeal and will request a stay on Jackson’s orders until such time as the D.C. Circuit, and probably after that the U.S. Supreme Court, has ruled on the matter, which could most definitely limit or neutralize the impact of today’s action.
But it could help provide some judicial backing for the proposition that the administration’s obstruction of Congress is itself an impeachable offense. And more immediately, some potential House witnesses that were on the fence about testifying might cite Jackson’s decision as compelling them morally, if not legally, to cooperate with Congress.
The “good lawyer” who takes notes and gave us Kavanaugh.
Executive Privilege ... toothless subpoenas
Liberal Judge.