House can sue to force former White House counsel Donald McGahn to comply with subpoena

Washington Post logoHouse Democrats can sue to force President Trump’s former White House counsel Donald McGahn to comply with a congressional subpoena, a federal appeals court ruled Friday.

In a 7-2 decision, the full U.S. Court of Appeals for the D.C. Circuit affirmed Congress’s oversight powers and said the House has a long-standing right to compel government officials to testify and produce documents. The ruling came in one of a set of historic clashes between the White House and Democratic lawmakers.

The “effective functioning of the Legislative Branch critically depends on the legislative prerogative to obtain information, and constitutional structure and historical practice support judicial enforcement of congressional subpoenas when necessary,” Judge Judith W. Rogers wrote for the majority. Continue reading.