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U.S. NEWS Tuesday 26 November 2019
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Federal judge: McGahn must comply with House subpoena

By MARK SHERMAN William Burck, an attorney carry it out, the report said.
Associated Press for McGahn, said the for- Once that episode be-
WASHINGTON (AP) — A mer White House counsel came public in the news
federal judge on Mon- will comply with the sub- media, the report said, the
day ordered former White poena, absent a court-im- president demanded that
House counsel Donald Mc- posed stay. McGahn dispute the news
Gahn to appear before Rep. Jerrold Nadler, D-N.Y., stories and asked him why
Congress in a setback to the Judiciary Committee he had told Mueller about
President Donald Trump's chairman, said he hoped it and why he had taken
effort to keep his top aides McGahn would "promptly notes of their conversa-
from testifying. appear before the com- tions. McGahn refused to
The outcome could lead to mittee." back down.
renewed efforts by House The White House has ar- It's unclear if McGahn's
Democrats to compel tes- gued that McGahn and testimony would include
timony from other high- other witnesses have "ab- any new revelations be-
ranking officials, including solute immunity" from testi- yond what Mueller has al-
former national security ad- fying. ready released. Mueller In this Sept. 27, 2018, file photo, then-White House counsel Don
viser John Bolton. But such immunity " simply concluded that he could McGahn listens as Supreme court nominee Brett Kavanaugh
testifies before the Senate Judiciary Committee on Capitol Hill
Not even the president's does not exist," Jackson not exonerate Trump on in Washington.
closest aides who receive wrote in a 118-page rul- obstruction of justice, but Associated Press
a subpoena from Congress ing. "That is to say, however also that there was insuf-
can "ignore or defy con- busy or essential a presi- ficient evidence to prove the impeachment inquiry man, to appear was with-
gressional compulsory pro- dential aide might be, and a criminal conspiracy be- have yet to try to force drawn. Democrats have
cess, by order of the Presi- whatever their proximity to tween Trump's campaign Bolton to testify, and a sub- said they don't want to
dent or otherwise," Judge sensitive domestic and na- and Russia. poena for Bolton's former get bogged down in court
Ketanji Brown Jackson tional-security projects, the House Democrats leading deputy, Charles Kupper- fights over testimony.q
wrote in ruling on a lawsuit President does not have
filed by the House Judiciary the power to excuse him
Committee. or her" from complying with
McGahn was a star witness a valid congressional sub-
in special counsel Rob- poena, Jackson wrote. She
ert Mueller's investigation, is an appointee of Presi-
and Democrats wanted to dent Barack Obama.
question McGahn about Whether McGahn has to
possible obstruction of jus- provide all the information
tice by Trump. That was Congress seeks, though, is
months before the House another matter, the judge
started an impeachment wrote. The president may
inquiry into Trump's effort to be able to assert "execu-
get Ukraine to announce tive privilege" on some sen-
an investigation of former sitive issues, she wrote.
Vice President Joe Biden. McGahn was a vital witness
The administration will ap- for Mueller, whose April re-
peal Jackson's ruling. "This port detailed the presi-
decision contradicts long- dent's outrage over the
standing legal precedent investigation into Russian
established by Administra- meddling in the 2016 elec-
tions of both political par- tion and Trump's efforts to
ties," White House press sec- curtail it.
retary Stephanie Grisham In interviews with Mueller's
said. "We will appeal and team, McGahn described
are confident that the im- being called at home by
portant constitutional prin- the president on the night
ciple advanced by the of June 17, 2017, and be-
Administration will be vindi- ing directed to call the
cated." Justice Department and
The Justice Department say Mueller had conflicts of
will seek to put the ruling interest and should be re-
on hold in the meantime, moved. McGahn declined
department spokeswoman the command, deciding
Kerri Kupec said. he would resign rather than