Appeals court rules against Trump, says House can sue to enforce McGahn subpoena

Source: The Hill

A federal appeals court on Friday upheld the House's subpoena of former White House counsel Don McGahn, ruling that Congress has the right to enforce its subpoenas in court.

The 7-2 decision from the full D.C. Circuit Court of Appeals reverses an earlier ruling from a divided three-judge panel that declared that congressional subpoenas were essentially unenforceable.

"The Constitution charges Congress with certain responsibilities, including to legislate, to conduct oversight of the federal government, and, when necessary, to impeach and remove a President or other Executive Branch official from office," Judge Judith Rogers wrote in the majority opinion. "Possession of relevant information is an essential precondition to the effective discharge of all of those duties."

Although the ruling is a clear victory for congressional Democrats, it does not mean that McGahn will be sitting for testimony anytime soon. The majority decision did not address the Trump administration's claim that White House officials are immune to congressional subpoena, so even if McGahn does not appeal the ruling, the two sides will still have more to litigate before the D.C. Circuit.

Read more: https://thehill.com/regulation/court-battles/511027-appeals-court-revives-houses-mcgahn-subpoena