House Appeals Decision in McGahn Subpoena Case

Elliot Setzer
Friday, March 6, 2020, 2:40 PM

Published by The Lawfare Institute
in Cooperation With

The U.S. House of Representatives petitioned the U.S. Court of Appeals for the D.C. Circuit to grant en banc rehearing in their case seeking to compel the testimony of former White House counsel Donald McGahn. Last week, a three-judge panel held that federal judges do not have the authority to resolve disputes between the White House and Congress. The House petition argues that the ruling impermissibly overruled D.C. Circuit precedent and would severely impede congressional investigations and oversight.

You can read the petition here and below:

Elliot Setzer is a Knight-Hennessy Scholar at Stanford Law School and a Ph.D student at Yale University. He previously worked at Lawfare and the Brookings Institution.

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