White House Counsel Don McGahn listens to Judge Brett Kavanaugh as he testifies before the Senate Judiciary Committee during his Supreme Court confirmation hearing in the Dirksen Senate Office Building on Capitol Hill September 27, 2018 in Washington, DC. (Photo: Win McNamee/Getty Images)
'This Is the Cover-Up': Trump DOJ Instructs McGahn to Disregard Subpoena by House Judiciary
"Our democracy is built on an understanding that one branch of government won't systematically obstruct another," said Rep. Ro Khanna. "Mueller named McGahn as a critical witness: the American people need to hear his testimony."
The Trump administration on Monday, via a legal opinion issued by the U.S. Department of Justice, has directed former White House counsel Don McGahn to disregard a subpoena issued by the House Judiciary Committee meant to compel testimony about the president's alleged efforts to obstruct justice by thwarting the investigation of Special Counsel Robert Mueller.
According to the DOJ memo (pdf), authored by the Office of Legal Counsel, "Congress may not constitutionally compel the President's senior advisers to testify about their official duties. This testimonial immunity is rooted in constituional separation of powers and derives from the President's independence from Congress."
Independent journalist Judd Legum said the order from the White House was a "pivotal moment" in the ongoing battle between the president and House Democrats. "This is the cover-up," he said.
As Politico reports:
Judiciary Committee Chairman Jerry Nadler (D-N.Y.) has threatened to hold McGahn in contempt of Congress if he refuses to show up.
Earlier this month, McGahn refused to turn over the requested documents after the White House instructed him not to comply with that part of the subpoena.
The committee kicked off a wide-ranging investigation in March into President Donald Trump for allegations of obstruction of justice and abuses of power. McGahn is emerging as a central witness in the committee's probe, after special counsel Robert Mueller's report outlined Trump's directives to McGahn to shut down the Mueller probe.
"The Department of Justice has provided a legal opinion stating that, based on long-standing, bipartisan, and Constitutional precedent, the former Counsel to the President cannot be forced to give such testimony, and Mr. McGahn has been directed to act accordingly," White House press secretary Sarah Sanders said in a statement Monday.
"This action," Sanders continued, "has been taken in order to ensure that future Presidents can effectively execute the responsibilities of the Office of the Presidency."
Given his role as a key witness in an episode that Mueller indicated could warrant an obstruction of justice charge, lawmakers like Rep. Ro Khanna (D-Calif.) said it was imperative that McGahn answer questions directly from the committee:
FINAL DAY! This is urgent.
Dear Common Dreams reader, It’s been nearly 30 years since I co-founded Common Dreams with my late wife, Lina Newhouser. We had the radical notion that journalism should serve the public good, not corporate profits. It was clear to us from the outset what it would take to build such a project. No paid advertisements. No corporate sponsors. No millionaire publisher telling us what to think or do. Many people said we wouldn't last a year, but we proved those doubters wrong. Together with a tremendous team of journalists and dedicated staff, we built an independent media outlet free from the constraints of profits and corporate control. Our mission from the outset was simple. To inform. To inspire. To ignite change for the common good. Building Common Dreams was not easy. Our survival was never guaranteed. When you take on the most powerful forces—Wall Street greed, fossil fuel industry destruction, Big Tech lobbyists, and uber-rich oligarchs who have spent billions upon billions rigging the economy and democracy in their favor—the only bulwark you have is supporters who believe in your work. But here’s the urgent message from me today. It’s never been this bad out there. And it’s never been this hard to keep us going. At the very moment Common Dreams is most needed and doing some of its best and most important work, the threats we face are intensifying. Right now, with just hours left in our Spring Campaign, we're still falling short of our make-or-break goal. When everyone does the little they can afford, we are strong. But if that support retreats or dries up, so do we. Can you make a gift right now to make sure Common Dreams not only survives but thrives? There is no backup plan or rainy day fund. There is only you. —Craig Brown, Co-founder |
The Trump administration on Monday, via a legal opinion issued by the U.S. Department of Justice, has directed former White House counsel Don McGahn to disregard a subpoena issued by the House Judiciary Committee meant to compel testimony about the president's alleged efforts to obstruct justice by thwarting the investigation of Special Counsel Robert Mueller.
According to the DOJ memo (pdf), authored by the Office of Legal Counsel, "Congress may not constitutionally compel the President's senior advisers to testify about their official duties. This testimonial immunity is rooted in constituional separation of powers and derives from the President's independence from Congress."
Independent journalist Judd Legum said the order from the White House was a "pivotal moment" in the ongoing battle between the president and House Democrats. "This is the cover-up," he said.
As Politico reports:
Judiciary Committee Chairman Jerry Nadler (D-N.Y.) has threatened to hold McGahn in contempt of Congress if he refuses to show up.
Earlier this month, McGahn refused to turn over the requested documents after the White House instructed him not to comply with that part of the subpoena.
The committee kicked off a wide-ranging investigation in March into President Donald Trump for allegations of obstruction of justice and abuses of power. McGahn is emerging as a central witness in the committee's probe, after special counsel Robert Mueller's report outlined Trump's directives to McGahn to shut down the Mueller probe.
"The Department of Justice has provided a legal opinion stating that, based on long-standing, bipartisan, and Constitutional precedent, the former Counsel to the President cannot be forced to give such testimony, and Mr. McGahn has been directed to act accordingly," White House press secretary Sarah Sanders said in a statement Monday.
"This action," Sanders continued, "has been taken in order to ensure that future Presidents can effectively execute the responsibilities of the Office of the Presidency."
Given his role as a key witness in an episode that Mueller indicated could warrant an obstruction of justice charge, lawmakers like Rep. Ro Khanna (D-Calif.) said it was imperative that McGahn answer questions directly from the committee:
The Trump administration on Monday, via a legal opinion issued by the U.S. Department of Justice, has directed former White House counsel Don McGahn to disregard a subpoena issued by the House Judiciary Committee meant to compel testimony about the president's alleged efforts to obstruct justice by thwarting the investigation of Special Counsel Robert Mueller.
According to the DOJ memo (pdf), authored by the Office of Legal Counsel, "Congress may not constitutionally compel the President's senior advisers to testify about their official duties. This testimonial immunity is rooted in constituional separation of powers and derives from the President's independence from Congress."
Independent journalist Judd Legum said the order from the White House was a "pivotal moment" in the ongoing battle between the president and House Democrats. "This is the cover-up," he said.
As Politico reports:
Judiciary Committee Chairman Jerry Nadler (D-N.Y.) has threatened to hold McGahn in contempt of Congress if he refuses to show up.
Earlier this month, McGahn refused to turn over the requested documents after the White House instructed him not to comply with that part of the subpoena.
The committee kicked off a wide-ranging investigation in March into President Donald Trump for allegations of obstruction of justice and abuses of power. McGahn is emerging as a central witness in the committee's probe, after special counsel Robert Mueller's report outlined Trump's directives to McGahn to shut down the Mueller probe.
"The Department of Justice has provided a legal opinion stating that, based on long-standing, bipartisan, and Constitutional precedent, the former Counsel to the President cannot be forced to give such testimony, and Mr. McGahn has been directed to act accordingly," White House press secretary Sarah Sanders said in a statement Monday.
"This action," Sanders continued, "has been taken in order to ensure that future Presidents can effectively execute the responsibilities of the Office of the Presidency."
Given his role as a key witness in an episode that Mueller indicated could warrant an obstruction of justice charge, lawmakers like Rep. Ro Khanna (D-Calif.) said it was imperative that McGahn answer questions directly from the committee: