Federal appeals court rules against House Democrats' effort to force Don McGahn testimony
by Anthony Leonardi
| February 28, 2020 05:59 PM
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A federal appeals court blocked efforts from the House of Representatives to force testimony from former White House lawyer Don McGahn.
The U.S. Court of Appeals for the District of Columbia issued a 2-1 decision on Friday that stated McGahn does not have to comply with a House subpoena, overruling a previous lower court decision. The House Judiciary Committee attempted to obtain testimony from McGahn in April on matters relating to special counsel Robert Mueller's investigation into Russian election interference, but the White House blocked him from testifying.
While the subpoena came well before the chamber's impeachment investigation, Democrats viewed a potential testimony from the former White House counsel as important to the process despite the articles of impeachment centering around events that occurred after McGahn left the White House.
“Article III of the Constitution forbids federal courts from resolving this kind of interbranch information dispute," the Friday decision read. “We agree and dismiss this case."
The ruling could still face additional appeals, however, including to the Supreme Court.
https://www.washingtonexaminer.com/news/federal-appeals-court-rules-against-house-democrats-effort-to-force-don-mcgahn-testimony
From late last bread.