FILE PHOTO: White House Counsel Don McGahn sits behind U.S. President Donald Trump as the president holds a cabinet meeting at the White House in Washington, U.S. June 21, 2018. REUTERS/Jonathan Ernst/File Photo
Judge Ketanji Brown Jackson has ruled that former White House Counsel Don McGahn can’t ignore a congressional subpoena, and must testify.
Federal District Court Judge Ketanji Brown Jackson said McGahn must appear before Congress but retains the ability to “invoke executive privilege where appropriate” during his appearance. The judge did not put her own ruling on hold, but the Trump administration will likely seek one to put the effect of her ruling on hold while it pursues an appeal.
“It is clear to this Court for the reasons explained above that, with respect to senior-level presidential aides, absolute immunity from compelled congressional process simply does not exist,” Jackson said in her ruling.
The decision, if upheld on appeal, is a crushing blow to the White House’s argument of unlimited executive privilege. The court ruled that doesn’t have the ability to direct his administration to ignore congressional subpoenas.
In the immediate future, this could be huge for the House Judiciary Committee’s impeachment hearings as White House officials might be forced to appear before the committee.
It is a crushing loss that dealt a blow to Trump’s theory of unlimited executive power. If the courts uphold this decision, it will mean that Trump will no longer be able to ignore subpoenas and investigations into his administration.
Rachel Maddow and MSNBC group.
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