Former House general counsels who served under both Republican and Democratic control of the chamber pointed out in a brief that the McGahn case is only the fourth interbranch subpoena dispute in court since Watergate.
That’s largely because the House had the perceived ability to enforce subpoenas in court, the former general counsels said, as demonstrated in the dispute involving the Senate Special Whitewater Committee into President Bill Clinton. When the White House refused to comply with the committee’s subpoena for the notes of a meeting with the Clintons’ personal lawyers, the Senate voted to authorize its legal counsel to go to court to enforce the subpoena.
“The very next day, the White House agreed to release the disputed notes,” the general counsels said in the brief. “No lawsuit was ever filed; the mere knowledge that one would be was enough to resolve the dispute.”
The House arguments in the border wall and McGahn cases have met resistance so far. U.S. District Judge Trevor N. McFadden, a Trump appointee, ruled that courts were not the place to settle the border wall dispute over congressional appropriations power.
While U.S. District Judge Ketanji Brown Jackson, appointed by President Barack Obama, ruled that McGahn must testify, that decision was overturned by a three-judge panel of the D.C. Circuit, and a George W. Bush appointee and a Trump appointee comprised the majority.
"House" - Google News
April 27, 2020 at 05:35PM
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House faces historic test of congressional subpoena power - Roll Call
"House" - Google News
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