Former White House counsel Donald McGahn can defy a congressional subpoena, a federal appeals court in Washington ruled Friday in a decision siding with President Trump, who had blocked top advisers from testifying as part of the impeachment proceedings.
The 2-to-1 ruling, which can be appealed, deals a sweeping blow to Congress’s investigative powers. The decision means Trump’s former lawyer cannot be compelled to appear on Capitol Hill, and it comes after Democrats lost their bid to call additional witnesses during Trump’s Senate impeachment trial.
The Justice Department had argued the Constitution categorically bars the courts from stepping into this kind of dispute between the politically elected legislative and executive branches.
