Don McGahn speaking at the 2018 Conservative Political Action Conference (CPAC). Photo by Gage Skidmore.

House Judiciary Asks Federal Court to Enforce Congressional Subpoena

Share This Article

The House Judiciary Committee has filed a lawsuit against former White House Counsel Donald McGahn, court documents showed on Wednesday.

The lawsuit is a result of McGahn’s defying of a Congressional Subpoena to testify before the Judiciary Committee regarding the Special Counsel Robert Mueller‘s Russian Investigation Report and McGahn’s testimony in volume II of that report.

Volume II of the Mueller Report details ten separate instances of obstructive conduct on the part of President Trump and his attempts to stop Mueller’s investigation.

According to the filing the Judiciary Committee “is now determining whether to recommend articles of impeachment against the President based on the obstructive conduct described by the Special Counsel.”

They continue to explain that it is for this reason they are asking the court to enforce the subpoena compelling McGahn, who the Judiciary Committee believes is a key witness to this pattern of obstructive conduct by the President, to testify before the Judiciary Committee.

In a statement via Axios, McGahn’s attorney explains that McGahn is a lawyer who has an ethical duty to protect client confidences. Adding that as he has said before McGahn does not believe he witnessed any violation of the law, regarding the President’s behavior.

McGahn’s attorney also made clear, that until the federal judiciary rules otherwise, McGahn will continue to follow the White House direction to not testify before the Judiciary Committee.

People should not forget that Don McGahn is a lawyer and has an ethical obligation to protect client confidences, and as I have said before, Don does not believe he witnessed any violation of law. And the President instructed Don to cooperate fully with the Special Counsel but directed him not to testify to Congress unless the White House and the Committee reached an accommodation. When faced with competing demands from co-equal branches of government, Don will follow his former client’s instruction, absent a contrary decision from the federal judiciary

McGahn’s attorney via Axios.

The court documents note that, “Articles of impeachment already have been introduced and referred to the Judiciary Committee in this Congress.”