The Justice Department Tuesday appealed a judge’s ruling that could open the way for President Trump’s inner circle to testify before House impeachment investigators and lead to a Supreme Court test of the Constitution’s checks and balances.

The action came as a poll indicated public support for impeaching Trump and removing him from office is at 50%.

Trump tweeted Tuesday the news media is reading too much into the ruling and he actually would like former national security adviser Bolton, Secretary of State Mike Pompeo, Energy Secretary Rick Perry and acting White House Chief of Staff Mick Mulvaney to testify but he’s trying to protect “future presidents” of unwarranted congressional intrusion.

U.S. District Judge Kentanji Brown Jackson on Monday ruled, in a 118-page opinion, former White House counsel Donald McGahn must comply with a House subpoena, rejecting administration arguments that he was “absolutely immune from compelled congressional testimony.”

The Justice Department appeal asked both Jackson and the appellate court to stay the ruling until the issue is decided. McGahn’s attorney said his client will comply with the subpoena unless it is stayed.

Justice Department civil division trial attorney Steven A. Myers filed the notice of appeal, noting it was only the second time in history “a court has ordered a senior presidential adviser to testify before Congress,” referring to a 2008 decision involving Bush White House counsel Harriet Miers.

Saying “no one is above the law,” Jackson said her conclusion was “inescapable” because the subpoena was part of the legal system.

“However busy or essential a presidential aide might be, and whatever their proximity to sensitive domestic and national-security projects, the president does not have the power to excuse him or her from taking an action that the law requires,” Jackson wrote. “Fifty years of say so within the executive branch does not change that fundamental truth.”

Impeachment investigators want to question McGahn about whether Trump tried to obstruct justice by ordering the firing of special counsel Robert S. Mueller III before he could complete his investigation of Russian interference in the 2016 presidential election. Trump still is spouting conspiracy theories that posit Ukraine, not Russia, was responsible for the hacking of Democrats’ computers and a massive disinformation campaign.

Trump argued McGahn could not be compelled to testify because he was a key presidential adviser.

A White House statement Monday said the decision ignores “longstanding legal precedent.”

If Jackson’s ruling is upheld, it could pave the way for testimony from Bolton, who has said he would testify if the courts ruled congressional subpoenas were valid. He has indicated he has direct knowledge of the issues explored by impeachment investigators.

However, Bolton attorney Charles Cooper, who also represents Bolton deputy Charles Kupperman, said Monday’s ruling does not directly impact his clients since their work involves national security issues.

Meanwhile, the House Intelligence Committee is working on its impeachment report following weeks of closed-door and public testimony. Chairman Adam Schiff, D-Calif., said a report could be forwarded to the Judiciary Committee, which could then draft articles of impeachment, as early as next week.

A CNN/SSRS poll of 1,007 adults Nov. 21024 indicated half of those polled would like to see Trump impeached and removed from office while 43% say they do not feel that way and 6% had no opinion. The results are virtually identical to sentiment gauged in October. Support for impeachment has been growing steadily since March.

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