Will Former White House Counsel Testify Before Congress? Judge Acts On Request For Stay

A federal judge Wednesday stayed her order directing former White House counsel Don McGahn to cooperate with a House Judiciary Committee subpoena to allow time for an appeal.

The Justice Department had requested the stay when it filed an appeal of an opinion by U.S. District Judge Kentanji Brown Jackson’s decision, which could open the way for other administration officials to cooperate with House impeachment investigators.

McGahn’s subpoena was issued in the Judiciary Committee’s investigation into whether President Trump obstructed justice in trying to impede special counsel Robert Mueller’s investigation into Russian meddling during the 2016 presidential election campaign. McGahn reportedly has said Trump ordered him to fire Mueller, but backed down when McGhan refused and threatened to resign.

The stay was issued after the Judiciary Committee said it would not oppose a temporary stay, but later filed documents opposing anything beyond seven days, saying it would impede the ongoing impeachment investigation.

In her decision, Jackson rejected administration claims of “absolute immunity” from congressional subpoena, saying, “Presidents are not kings.”

In issuing the stay, Jackson cautioned against considering it “in any way as a ruling on the merits” of the Justice Department arguments.

Despite the court maneuvering and the White House’s refusal thus far to cooperate with congressional investigators, Trump tweeted Tuesday ne would like to see top administration officials testify, including Secretary of State Mike Pompeo, Energy Secretary Rick Perry and acting White House Chief of Staff Mick Mulvaney.

Former national security adviser John Bolton has indicated he has information relevant to the House impeachment investigation but will not testify unless ordered to do so by the courts.

The Judiciary Committee Tuesday invited Trump and his lawyers to attend when it opens its impeachment inquiry next week but there has been no response from the White House to that invitation.

The Judiciary Committee is charged with drafting articles of impeachment. The House Intelligence Committee is due to forward its findings from weeks of closed-door depositions and public hearings ahead of the Judiciary Committee hearings.