DC Circuit Appeals Panel Rebukes House Effort to Enforce Subpoena Compelling Don McGhan Testimony – IOTW Report

DC Circuit Appeals Panel Rebukes House Effort to Enforce Subpoena Compelling Don McGhan Testimony

CTH: In November 2019 activist Federal District Court Judge Ketanji Brown Jackson ruled former White House counsel Don McGahn must appear before Congress; however, she also ruled McGahn retained the ability to “invoke executive privilege where appropriate” during his appearance. The central issue is separation of power.

The White House appealed the ruling to the DC appellate court on constitutional grounds, and on February 28, 2020, a three judge panel from the DC circuit agreed with the White House position.  The House of representatives could have appealed the decision; however, instead, the main lawfare activist, House counsel Doug Letter, took a different approach and sought to argue the case based around their right to enforce a subpoena.

Today a politically divided DC appeals court panel ruled the House can’t go to the judicial branch to enforce legislative subpoenas because there is no statute giving the legislative chamber the authority to force the executive branch to enforce an action against its own constitutional interests. more

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