in the vicinityVideoMcGahn to skip house hearing in Trump’s direction; subpoena battle could head to court
President Trump leads, the former White House Counsel Don McGahn to defy house subpoena to testify before the judiciary Committee. Judge Andrew Napolitano breaks down how it could all play.
Former White House Counsel Don McGahn is not caught in an “awkward position” after the White house instructed him to appear before the House Judiciary Committee, Fox News senior judicial analyst judge Andrew Napolitano said on Tuesday.
The White house on Monday cited the justice Department opinion that McGahn can not be confirmed will be forced to testify about his official duties — and, through his legal team, McGahn, that he displayed.
The development of a defiant response late Monday from President Jerry Nadler, D-NY urged: “We have the hearing tomorrow, and we expect to show Mr. McGahn, according to the subpoena.”
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In the context of the DOJ memo McGahn said, as the other senior Advisor to the President, has the “immunity” from being forced to testify about his official duties
“This immunity applies to the former White House counsel. Accordingly, Mr. McGahn is not legally obligated to appear and testify on matters in connection with his official duties as Advisor to the President,” the memo said.
Responded on “Fox & Friends,” Napolitano said, ultimately a judge to decide that the Problem is similar to other disputes between house Democrats and the administration. He referred to the decision on Monday that the house Oversight Committee can keep track of a whole range of Trumpf financial documents from the year 2011.
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Napolitano said he expects the verdict to be appealed, and possibly overturned, by a Federal appeals court or the Supreme court.
“Ultimately, a lot of this, the Supreme Court is, as was the case when the house of representatives wanted Nixon tapes,” he commented.
Democrats McGahn want to hear, after he featured prominently in the Miller report – obstruction of justice-request. Müller’s team that McGahn was commissioned by President Trump to facilitate Müller – distance in June 2017, but he did not comply with the request.
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Napolitano said McGahn is not a witness to the left in an “awkward position” after the investigators will be truthful with Müller in 30 hours of testimony, however, now led to.
“Now, the customer says, ‘do not say nothing.’ Follow the client’s instruction, until a court says otherwise,” the judge explained, saying Democrats are “die”, the full transcript of what McGahn told investigators, but the Ministry of justice will not let go.
Fox News’ Brooke Singman, John Roberts and Gregg Re contributed to this report.