The D.C. Circuit upheld a House subpoena for testimony from former White House Counsel Don McGahn on Friday, finding that the House Judiciary Committee has the authority to enforce congressional demands for information.
Countdown to Trump clueless retaliatory move on something anywhere not remotely related.
Great news. This means McGahn will have to testify sometime around 2023.
Trump needs five votes at the Supremes to ride this out past the election. Will Roberts give it to him? I wouldn’t be surprised either way.
ETA: Having just read the conclusion of the majority, this case is a long way from over. The en banc court is actually remanding to the original panel for consideration of all of McGahn’s objections other than standing. In other words, Henderson and Griffith will once again have the opportunity to make a bad faith ruling protecting Trump from scrutiny, which the full court may or may not ever get to correct because the subpoena is moot on January 3.
Trump files for a stay pending cert application. Granted 5-4. After election becomes irrelevant.
“The arc of the moral universe is long, but it bends toward justice”…
Please speed it up because our democracy is being attacked!
It’s not the only lawsuit that can proceed…
the lawsuit filed by journalist E. Jean Carroll could move forward and need not wait for an appeals court decision
“We are now eager to move forward with discovery so that we can prove that Donald Trump defamed E. Jean Carroll when he lied about her in connection with her brave decision to tell the truth about the fact that Donald Trump had sexually assaulted her,” said Roberta Kaplan, a lawyer for Carroll.
Looking forward to the discovery!
Addendum:
Let us NOT forget that McGahn ushered Kavanaugh to the SC…
urging him to push back hard on sexual-assault accusations!
https://www.wsj.com/articles/the-man-behind-the-brett-kavanaugh-strategy-don-mcgahn-1538594487
Addendum2:
Trump, his family and his enablers/cronies need to face the consequences of their corruption, criminality and cruelty…
Vote Trump OUT!
Addendum3:
AND there’s another lawsuit (its wrt to the deal made by Acosta - former Trump’s SecLabor - with Epstein) that gets a second chance…
The young victims of sex offender Jeffrey Epstein will get a second chance at seeking justice after an entire appellate court agreed Friday to rehear claims that federal prosecutors in South Florida violated their rights when they kept them in the dark about a secret plea deal with the now-deceased Palm Beach multimillionaire.
https://www.miamiherald.com/news/local/article244800452.html
Yup, he wont be testifying before November. However, this is a positive step for Rule of Law and all that. I think. Depends if SCOTUS (read: Roberts) bounces this or agrees to it…
So asking the real question, what does this do to whether Durham is coming or not?
As a practical matter, it would probably only really take four. If they grant cert (four votes), I’d imagine that getting a fifth vote for the stay would be fairly easy.
The way Trump is talking these days, if he wins re-election in November, Roberts is gone from SCOTUS (and maybe worse).
It just depends on whether Roberts is more practical (for his own skin) than ideologue.
Maybe the FBI could announce that it found a laptop with unseen McGahn emails which could, yes could, be a problem. You know, sort of how Comey did with HRC in 2016.
Yippee! And four years later, McGahn may (MAY!) finally go before Congress…
This is the 21st century. Why do the “wheels of justice” have to grind so slowly??
It’s shocking that the US judicial system is unable to stop the march towards fascism. Trump and his cronies are not above the law per se, but with the systematic obstruction, rulings come when it no longer matters. What a low bar to be satisfied that the rule of law has been preserved…
The D.C. Circuit’s ruling is not stayed pending review on certiorari. The Supremes have to affirmatively vote to stay it, and that takes five votes. And as a practical matter, if they don’t have five votes to stay, there is no reason for four votes to grant a doomed cert.
ETA: It won’t ever get to the Supreme Court. The majority today remanded back to the original panel to rule on all of McGahn’s non-standing objections. If Henderson and Griffith even bother to get around to that before the end of the year, the subpoena will still expire on January 3 when the new Congress is sworn in.
Yeah, Roberts has a recent history of seizures. Medical problems - he’s got to go. (And let’s not even mention the Notorious RBG in the room.)
This here. The ruling won’t make a dime’s worth of difference in any pre-election investigations, but it sets a precedent that future corrupt presidential toadies can’t hide behind the strategy of, “You want me to appear and answer questions? Make me.”
How is someone whose life dream was to be named Chief Justice of the Supreme Court of the USA, and who is the youngest Chief Justice ever, going to be “gone from the SCOTUS?” Presidents can’t fire Supreme Court justices or Chief Justices. Just ask Dwight Eisenhower, who appointed Brennan and Warren, assuming they would be conservative votes for their entire careers on the bench.
The full U.S. Court of Appeals for the D.C. Circuit affirmed that Congress could turn to the courts to get its subpoena of President Trump’s former White House Counsel Don McGahn enforced.
REALly… now this is an interesting turn of events. The precedent is set - what other cases might see similar adjudication???
The next congress should renew this investigation, with a DoJ that will not necessarily tear up criminal referrals.
SCOTUS doesn’t come back until October 5th, correct? Does this have to wait until then?
