House of Representatives Can Subpoena McGahn, En Banc DC Circuit Rules

Elliot Setzer
Friday, August 7, 2020, 10:47 AM

Published by The Lawfare Institute
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On Friday the U.S. Court of Appeals for the D.C. Circuit, sitting en banc, found that the House Judiciary Committee has standing to bring a lawsuit to enforce their subpoena against former White House counsel Don McGahn.

The ruling in Committee on the Judiciary v. McGahn overturns a three-judge panel decision from February 2020, which held that the federal courts had no jurisdiction to resolve disputes between the president and Congress regarding testimony from executive branch officials.

Writing for the court, circuit judge Judith Rogers concluded that “the [House] Committee has Article III standing to seek enforcement in federal court of its duly issued subpoena in the performance of constitutional responsibilities.”

You can read the decision 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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