House Submits En Banc Brief in McGahn Subpoena Case

Elliot Setzer
Thursday, April 16, 2020, 5:58 PM

Published by The Lawfare Institute
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The House Judiciary Committee has filed its brief before the U.S. Court of Appeals for the D.C. Circuit regarding the en banc rehearing of Committee on the Judiciary v. McGahn, concerning the committee's effort to compel the testimony of former White House counsel Donald McGahn regarding events described in the Mueller report. In the brief, the committee argues that the D.C. Circuit's panel decision finding that the Committee lacked standing to enforce subpoenas in court “upends separation-of-powers principles,” writing: “If affirmed, the panel’s decision would hamstring the legislative process and effectively eliminate Congressional oversight as we know it.”

You can read the brief 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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