Former White House Counsel Don McGahn Does Not Have To Testify to House, Appeals Court Finds

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Former White House counsel Donald McGahn may defy a congressional subpoena, a federal appeals court in Washington ruled Friday in a decision siding with President Trump, who had blocked top advisers from testifying as part of the impeachment proceedings.

The 2-to-1 ruling, which can be appealed, deals a sweeping blow to Congress’s investigative powers. The decision means Trump’s former lawyer cannot be compelled to appear on Capitol Hill, and it comes after Democrats lost their bid to call additional witnesses during Trump’s Senate impeachment trial.

The Justice Department had argued that the Constitution categorically bars the courts from stepping into this kind of dispute between the politically elected legislative and executive branches.

The court majority agreed and dismissed the case, finding it has no authority to resolve the issue.

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