Apple Tells Ex-White House Counsel That Trump DOJ Sought His Records In 2018: Reports

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The reported disclosure reveals the Justice Department’s extraordinary move to investigate Don McGahn as he served as Trump’s top lawyer.

Apple informed former White House counsel Don McGahn and his wife last month that their records were sought by the Justice Department in February 2018 while McGahn was still serving as then-President Donald Trump’s top lawyer, The New York Times and CNN reported Sunday.

The U.S. government barred Apple from telling McGahn about the move at the time, two people briefed on the matter told the Times. The Justice Department’s move to subpoena information about McGahn and his wife was under a nondisclosure order until May, CNN reported. 

Apple’s reported disclosure exposes an extraordinary move by the Justice Department to subpoena records of a then-current White House counsel. Continue reading.

Don McGahn’s unflattering portrayal of Trump

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We had to wait a long time to see testimony from former White House counsel Donald McGahn. And in the end, it was anticlimactic — at least as far as the known facts went.

McGahn fought a congressional subpoena for two years, ultimately reaching a deal under which he would testify behind closed doors — but only about specific events detailed in the Mueller report. McGahn was a key witness in that investigation, having said that President Donald Trump asked him to get special counsel Robert S. Mueller III removed. (McGahn refused both Trump’s request and a later request for McGahn to falsely deny the president made the request.) But the agreement and McGahn’s apparent desire not to make too much news with his testimony conspired to make his testimony far from earth-shattering.

If you read between the lines, though, McGahn’s elaboration on previously known facts doesn’t exactly paint a glowing picture of his former boss. Continue reading.

McGahn Affirmed That Trump Tried to Oust Mueller, Transcript Shows

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The former White House counsel testified behind closed doors last week about the former president’s attempts to interfere with the Russia investigation.

WASHINGTON — Donald F. McGahn II, who served as White House counsel to former President Donald J. Trump, has told lawmakers that episodes involving him in the Russia report by the special counsel, Robert S. Mueller III, were accurate — including one Mr. Trump has denied in which the president pressed him to get the Justice Department to remove Mr. Mueller.

A 241-page transcript of Mr. McGahn’s closed-door testimony from last week, released on Wednesday by the House Judiciary Committee, contained no major revelations. But it opened a window on Mr. McGahn’s struggles to serve as the top lawyer in a chaotic White House, under a president who often pushed the limits of appropriate behavior.

“They don’t teach you this in law school,” Mr. McGahn said of one episode he witnessed in which Mr. Trump was trying to get his attorney general at the time, Jeff Sessions, to resign because he had recused himself from the Russia investigation. Continue reading.

House Judiciary releases McGahn testimony on Trump

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Former White House counsel Don McGahn confirmed to congressional investigators a key account in ex-special counsel Robert Mueller’s report that former President Trump directed him to try to get Mueller removed, according to a transcript of his closed-door testimony released Wednesday. 

The 241-page transcript follows a long fought-for interview the House Judiciary Committee finally secured with McGahn on Friday after the Trump White House challenged a subpoena seeking his testimony during Trump’s first impeachment investigation. The transcript shows that the interview yielded little new information but confirmed some of the details of Mueller’s lengthy report on his 22-month investigation that concluded in March 2018 and with which McGahn cooperated.

Trump has persistently denied any effort to fire Mueller amid the long inquiry, which probed allegations that members of Trump’s team had colluded with Russian figures during his 2016 presidential campaign. Yet in Friday’s interview, McGahn directly disputed Trump’s claims, repeatedly laying out Trump’s consideration of firing Mueller.  Continue reading.

Congress wins battle for Trump aide’s testimony, but a broader war over subpoena power goes on

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Former White House counsel Donald McGahn’s interview with congressional investigators Friday will close one lingering chapter of House Democrats’crusade to hold the Trump administration to account — but is likely to leave uncertainty in its wake about what will happen in lawmakers’ next test of wills with the White House.

McGahn, considered a star witness in former special counsel Robert S. Mueller III’s report on Russian interference in the 2016 election, flouted a congressional subpoena for two years and is not expected to offer any bombshell revelations about former president Donald Trump — beyond those he already provided to Mueller — when he meets with the House Judiciary Committee behind closed doors.

Instead, the appearance is Democrats’ way of demonstrating that congressionalsubpoenas must be obeyed — an argument they offered throughout a lengthy legal battle that seemed destined to reach the Supreme Court before a deal with the Biden administration ended the fight in what may prove to be a political win, but at best is a constitutional draw. Continue reading.

Trump White House counsel Donald McGahn expected to answer House committee questions ‘as soon as possible’

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Former Trump White House counsel Donald McGahn is expected to answer questions “as soon as possible” in a closed session with House lawmakers about former special counsel Robert S. Mueller III’s investigation, according to an agreement outlined in court filings Wednesday night.

McGahn will appear before the House Judiciary Committee after House Democrats sued to enforce a 2019 subpoena for his testimony about whether President Donald Trump obstructed justice in Mueller’s Russia investigation.

The agreement, negotiated by President Biden’s Justice Department and House lawyers, is intended to end the long-running litigation over McGahn’s testimony that the Trump administration had blocked. But it leaves unresolved the question of whether a congressional committee can compel the testimony of a close presidential adviser. Continue reading.

Biden administration, House Democrats reach agreement in Donald McGahn subpoena lawsuit

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The Biden Justice Department and lawyers for House Speaker Nancy Pelosi (D-Calif.) have reached an agreement about how to handle a congressional subpoena for testimony from former Trump White House counsel Donald McGahn.

The House Judiciary Committee and the Biden administration announced the deal Tuesday in a filing with the U.S. Court of Appeals for the District of Columbia Circuit. The parties told the court they have “an agreement in principle on an accommodation.” Former president Donald Trump is “not a party to the agreement,” the filing states.

No additional details were provided about the negotiated settlement. Continue reading.

Top FEC Official’s Undisclosed Ties to Trump Raise Concerns Over Agency Neutrality

A top Federal Election Commission official, whose division regulates campaign cash, has shown support for President Trump and has close ties to his 2016 campaign attorney, Don McGahn. Experts said the actions raise questions about impartiality.

Debbie Chacona oversees the division of the Federal Election Commission that serves as the first line of defense against illegal flows of cash in political campaigns. Its dozens of analysts sift through billions of dollars of reported contributions and expenditures, searching for any that violate the law. The work of Chacona, a civil servant, is guided by a strict ethics code and long-standing norms that employees avoid any public actions that might suggest partisan leanings.

But Chacona’s open support of President Donald Trump and her close ties to a former Republican FEC commissioner, Donald McGahn, who went on to become the 2016 Trump campaign’s top lawyer, have raised questions among agency employees and prompted at least one formal complaint. Chacona, a veteran agency staffer who has run the FEC’s Reports Analysis Division, or RAD, since 2010, has made her partisan allegiance clear in a series of public Facebook posts that include a photo of her family gathered around a “Make America Great Again” sign while attending Trump’s January 2017 inauguration.

The public display of partisanship bewildered some FEC staffers, according to a former agency employee. For decades, the agency expressly banned employees from engaging in such partisanship, a cultural ethos that has stuck even after those rules were relaxed in 2011. Chacona’s duties included discerning whether the inaugural committee’s disclosures of donor information appeared to contain any “serious violations” of the law, an FEC procedures manual states. Continue reading.

Appeals court deals blow to Democrats’ pursuit of McGahn testimony

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A federal appeals court in Washington on Monday dismissed a Democratic-led House committee lawsuit for the testimony of former White House counsel Don McGahn, finding the lawmakers lack legal grounds to enforce their subpoena in court.

The 2-1 ruling by a three-judge panel of the D.C. Circuit Court of Appeals was the latest setback for Democrats in their yearlong court battle over a subpoena issued to McGahn in April of last year.

The full D.C. Circuit ruled just three weeks ago in the case that the House has standing to sue to enforce its subpoena. But the panel ruled Monday that the lawmakers still lack a valid legal claim to make in court since Congress never authorized the House to bring such lawsuits. Continue reading.

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.