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Politics McGahn's case appealed after judge says he must comply with subpoena

19:00  26 november  2019
19:00  26 november  2019 Source:   cbsnews.com

When the Judge Became the Defendant

  When the Judge Became the Defendant NEWTON, Mass. — When she was brought before a court this spring, charged with the federal crime of obstruction of justice, Judge Shelley Joseph did not look like a rebel. Her face was tear-streaked, and bore an expression of helpless dismay, as if she were struggling to take in the upside-down world in which she was the defendant. In April, she and a court officer, Wesley MacGregor, were accused of allowing an immigrant to evade detention by arranging for him to sneak out the back door of a courthouse.

Former White House counsel Don McGahn , through Justice Department attorneys, has appealed a federal judge ' s decision that he must comply with a congressional subpoena . The expected appeal comes after Judge Ketanji Brown Jackson ruled Monday night demanding that McGahn testify before

McGahn must comply with a congressional subpoena , a federal judge in Washington ruled its subpoena demanding McGahn ' s congressional testimony about events relating former special McGahn moved to appeal the decision Tuesday morning, and asked for a stay on his subpoena until

Former White House counsel Don McGahn, through Justice Department attorneys, has appealed a federal judge's decision that he must comply with a congressional subpoena. The expected appeal comes after Judge Ketanji Brown Jackson ruled Monday night demanding that McGahn testify before the House Judiciary Committee, rejecting the administration's claims of absolute executive privilege.

Don McGahn wearing a suit and tie talking on a cell phone: Supreme Court Kavanaugh © Saul Loeb / AP Supreme Court Kavanaugh

On Monday, Jackson wrote that "the primary takeaway from the past 250 years of recorded American history is that presidents are not kings." White House press secretary Stephanie Grisham said that ruling "contradicts longstanding legal precedent established by administrations of both political parties."

Republicans seek to subpoena Hunter Biden, Ukraine whistleblower, DNC files

  Republicans seek to subpoena Hunter Biden, Ukraine whistleblower, DNC files The top Republican on the House Intelligence Committee has sent a letter to Chairman Adam Schiff asking that Hunter Biden and the whistleblower be subpoenaed.Rep. Devin Nunes, R-Calif., along with Rep. Jim Jordan, R-Ohio, penned a scathing letter to Schiff in which they slammed the “sham ‘impeachment inquiry’” and notified the chairman of their intent to subpoena Biden and the whistleblower. Jordan, the ranking member of the House Oversight and Reform Committee, has been appointed as a temporary member of the House Intelligence Committee.

Trump blocked McGahn from complying with the subpoena and testifying before Congress (In October, the White House also said it would refuse to cooperate with the impeachment inquiry.) Still, the Justice Department, which is representing McGahn , is expected to appeal the decision, according

But in letting McGahn continue to challenge the subpoena on other grounds, the practical impact is that the court case is ongoing and he may not have to testify before the election. Friday' s appeals court ruling was 7-2. Two Trump-appointed DC Circuit judges , Neomi Rao and Greg Katsas

Justice Department lawyers are appealing the decision to the U.S. Court of Appeals for the District of Columbia, and requested a stay in the case. House Democrats filed the lawsuit in August to compel McGahn to testify, after former special counsel Robert Mueller's investigation revealed the president asked McGahn to fire Mueller.

The former White House counsel, who is being represented by Justice Department lawyers, was a key witness in the Russia investigation. But Jackson's ruling could have significant ramifications for Democrats' impeachment inquiry, in which multiple top administration officials have rejected subpoenas at the desire of the Trump administration.

An attorney for former national security adviser John Bolton and former deputy national security adviser Charles Kupperman told CBS News White House correspondent Paula Reid that they will continue with their own lawsuit to determine whether former White House officials must comply with congressional subpoenas.

Ruling on test of White House witness immunity claims coming Monday

  Ruling on test of White House witness immunity claims coming Monday On Monday, a federal judge plans to make the first major court ruling in the fight between the House and the White House over impeachment witnesses. Judge Ketanji Brown Jackson says she will decide by the close of business whether former White House counsel Don McGahn must testify about President Donald Trump to Congress. Until this point, the case has lingered in the background, stemming from a subpoena the House Judiciary Committee sent to McGahn in April, well before the Ukraine impeachment scandal kicked House proceedings into high gear this fall.

MORE: Former White House counsel Donald McGahn must comply with congressional subpoena , federal judge rules. The ruling comes in a case brought by the House Judiciary Committee in August as part of an effort to enforce its subpoena demanding McGahn ' s congressional testimony about

William Burck, an attorney for McGahn , said the former White House counsel will comply with the subpoena , absent a court-imposed stay. It’s unclear if McGahn ’ s testimony would include any new revelations beyond what Mueller has already released. Mueller concluded that he could not exonerate

The president took to Twitter Tuesday morning to say too much is being made of the Monday night decision in the McGahn case, and said he would "love" to have other administration officials testify, but doesn't want to compromise future presidents.

"The D.C. Wolves and Fake News Media are reading far too much into people being forced by Courts to testify before Congress. I am fighting for future Presidents and the Office of the President. Other than that, I would actually like people to testify," the president wrote.

"Don McGahn's respected......lawyer has already stated that I did nothing wrong. John Bolton is a patriot and may know that I held back the money from Ukraine because it is considered a corrupt country, & I wanted to know why nearby European countries weren't putting up money also. Likewise, I would.......love to have Mike Pompeo, Rick Perry, Mick Mulvaney and many others testify about the phony Impeachment Hoax. It is a Democrat Scam that is going nowhere but, future Presidents should in no way be compromised. What has happened to me should never happen to another President!"

Trump administration to appeal ruling over former WH counsel McGahn testimony

  Trump administration to appeal ruling over former WH counsel McGahn testimony The Justice Department on Tuesday said it would appeal the ruling from a federal district judge.The Trump administration said on Monday night that it planned to appeal after the ruling was issued by U.S. District Judge Ketanji Brown Jackson, an Obama appointee.

The appeals court said Monday that the House's lawsuit against McGahn must be dismissed. The court reasoned that if it wanted to enforce subpoenas like this in In the 2-1 decision, the appeals court says there's no reason or law that allows the House to sue over McGahn ' s refusal to testify.

A lawyer for McGahn said he would comply with the House subpoena unless a court imposes a stay pending appeal . Three men have been freed 36 years after being convicted of murdering a 14-year-old Baltimore teenager. Their case was re-opened by the city of Baltimore' s State' s Attorney Marilyn

Judge hits pause on order for McGahn to comply with House Judiciary subpoena .
A federal district court judge issued a temporary stay on her order earlier this week for former White House counsel Don McGahn to obey a subpoena to appear before lawmakers.Judge Ketanji Brown Jackson issued the stay following a request from McGahn’s attorneys, who are seeking a lengthier one that would allow him to appeal the decision.

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