Full Text: Court Of Appeals Opinion Allowing Donald McGahn To Defy House Subpeona

February 28, 2020

Quoting an article by Charlie Savage appearing in the New York Times on February 28, 2020.

“WASHINGTON — A federal appeals court ruled on Friday [February 28, 2019] that Congress could not sue to enforce its subpoenas of executive branch officials, handing a major victory to President Trump and dealing a severe blow to the power of Congress to conduct oversight.

In a ruling that could have far-reaching consequences for executive branch secrecy powers long after Mr. Trump leaves office, a divided three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit dismissed a lawsuit brought by the House Judiciary Committee against Mr. Trump’s former White House counsel, Donald F. McGahn II.

On Mr. Trump’s instructions, Mr. McGahn defied a House subpoena seeking to force him to testify about Mr. Trump’s efforts to obstruct the Russia investigation. The House sued him, seeking a judicial order that he show up to testify, and won in district court in November.

But two of the three appeals court judges ruled on Friday that the Constitution gave the House no standing to file any such lawsuit in what they characterized as a political dispute with the executive branch. If their decision stands, its reasoning would shut the door to judicial recourse whenever a president directs a subordinate not to cooperate with congressional oversight investigations.”

Open the PDF file for “House Judiciary v. Donald F. McGahn (U.S. Court of Appeals)” in your browser at the link below or click the “Download” button to download the file to your device.