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Administrative Law Keyed to Aman
Committee on the Judiciary v. McGahn
Citation:
951 F.3d 510 (2020), reh'g en banc granted (March 13, 2020)Facts
In May 2017, Special Counsel Robert Mueller was appointed to investigate whether President Trump’s campaign coordinated with Russia during the 2016 election. The investigation expanded to include potential obstruction of justice by the President. As part of this investigation, Mueller interviewed McGahn, who witnessed several of the President’s efforts to thwart the investigation, including an attempt to fire the Special Counsel. In March 2019, the House Judiciary Committee began investigating potential obstruction of justice by the President and issued a subpoena ordering McGahn to produce documents and testify. On May 20, 2019, the White House Counsel informed the Committee that the President had directed McGahn not to appear, citing an Office of Legal Counsel opinion that presidential advisors have “absolute immunity from compelled congressional testimony.” McGahn’s private attorney likewise informed the Committee that McGahn would not testify. After negotiations between the Committee and the White House broke down, the Committee sued McGahn in federal court. While the lawsuit was pending, the House passed two articles of impeachment against President Trump, one for “abuse of power” and another for “obstruction of Congress.”
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