A federal appeals court on Friday ruled that former White House counsel Donald McGahn does not have to comply with a subpoena seeking his testimony to the House Judiciary committee.
The 2-1 ruling by a panel of judges on the US Court of Appeals for the District of Columbia said the Constitution bars federal courts from acting as a referee in “this kind” of “information” dispute between the executive branch and Congress.
The Judiciary Committee McGahn wanted to testify as part of the committee’s probe of suspected efforts by President Donald Trump to obstruct former special counsel Robert Mueller’s investigation into Russian interference in the 2016 presidential election.
Friday’s decision overturned a ruling upholding the subpoena issued by a federal district court judge.
The Justice Department had argued against the subpoena on behalf of McGahn.
In their ruling, the appeals judges said the department had argued that “Article III of the Constitution forbids federal courts from resolving this kind of interbranch information dispute. “
” We agree and dismiss this case, “the ruling said.