Federal judge says former White House counsel Don McGahn must speak to House: 'Presidents are not kings'

Feb 2006
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Washington (CNN)A federal judge decided Monday that President Donald Trump's former White House counsel Don McGahn must testify to the House of Representatives in its impeachment probe, marking the first major ruling about House witness testimony during the Trump administration.

"However busy or essential a presidential aide might be, and whatever their proximity to sensitive domestic and national-security projects, the President does not have the power to excuse him or her from taking an action that the law requires," Judge Ketanji Brown Jackson wrote.

"Stated simply, the primary takeaway from the past 250 years of recorded American history is that Presidents are not kings," Jackson said.

The ruling is a blow to Trump and White House efforts to block parts of the impeachment inquiry. It could encourage resistant witnesses from the administration to testify and could bolster any case House Democrats make to impeach the President for obstructing its proceedings or obstructing justice.

The case is likely to be appealed quickly, and McGahn's testimony may be put on hold during the appeals.
House Intelligence Chairman Adam Schiff said in a statement that it will be up to the witnesses who have defied the committee's demands to change course if they want to testify.

"The witnesses who have defied Congress at the behest of the President will have to decide whether their duty is to the country, or to a President who believes that he is above the law," the California Democrat said.


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Feb 2006
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Better get under Federal witness protection, quick!

Description
Donald Francis McGahn II is an American lawyer who served as White House Counsel for U.S. President Donald Trump, from the day of Trump's inauguration through October 17, 2018, when McGahn resigned. Previously, McGahn served on the Federal Election Commission for over five years. Wikipedia
 
Dec 2015
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Needless to say, the DOJ is going to appeal this ruling too.
Oh yeah. They definitely will appeal, but after listening to the CNN chit-chat yesterday, it's possible that McGahn would willingly testify. At least McGahn has some role models, who could have said NO to testify but didn't.

I have to wonder what Trump is thinking these days. It must have been a shock to find out that there was at least ONE judge out there who just blurted "Presidents are not Kings". Obviously, Trump isn't so sure about that. AND neither are most Americans right about now. This particular president seems to defy the odds. How many times can he throw out the constitution --a document that seems to be some sort of alien anathema to Trump? AND how many times can the GOP swoon over the constitution, hold their little seances with the Framers and then support Trump's Little Aristocracy?

How much power DOES a president have? If it wasn't for the impeachment process, we might as well admit that there's only ONE branch of government right now: Executive branch.
 
Jun 2018
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Oh yeah. They definitely will appeal, but after listening to the CNN chit-chat yesterday, it's possible that McGahn would willingly testify. At least McGahn has some role models, who could have said NO to testify but didn't.

I have to wonder what Trump is thinking these days. It must have been a shock to find out that there was at least ONE judge out there who just blurted "Presidents are not Kings". Obviously, Trump isn't so sure about that. AND neither are most Americans right about now. This particular president seems to defy the odds. How many times can he throw out the constitution --a document that seems to be some sort of alien anathema to Trump? AND how many times can the GOP swoon over the constitution, hold their little seances with the Framers and then support Trump's Little Aristocracy?

How much power DOES a president have? If it wasn't for the impeachment process, we might as well admit that there's only ONE branch of government right now: Executive branch.
Fortunately this activist judge has a lot of reversals in her future.
 
Feb 2006
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Fortunately this activist judge has a lot of reversals in her future.
14 minutes ago!

Good morning, NBC News readers.

"No one is above the law" — not even past or present White House officials, a federal judge said in her decision that a former White House lawyer must testify before Congress.


Here's what else we're watching today.

Trump can't stop White House officials from testifying, judge rules
A federal judge ruled late Monday that former White House counsel Don McGahn must obey a subpoena for his testimony issued by the House Judiciary Committee.

Federal District Court Judge Ketanji Brown Jackson wrote in her 120-page decision that "presidents are not kings."

Jackson added that "this means that they do not have subjects, bound by loyalty or blood, whose destiny they are entitled to control. Rather, in this land of liberty, it is indisputable that current and former employees of the White House work for the people of the United States..."

The Justice Department, which is representing McGahn in the lawsuit, said it will appeal the ruling.

House Judiciary Democrats said McGahn was their "most important witness" in the case to determine if President Trump obstructed justice in special counsel Robert Mueller's investigation.

The decision may also have major implications for other White House officials who Democrats would like to testify in the impeachment probe — like former national security adviser John Bolton and others.




 
Feb 2006
14,493
3,020
California
Oh yeah. They definitely will appeal, but after listening to the CNN chit-chat yesterday, it's possible that McGahn would willingly testify. At least McGahn has some role models, who could have said NO to testify but didn't.

I have to wonder what Trump is thinking these days. It must have been a shock to find out that there was at least ONE judge out there who just blurted "Presidents are not Kings". Obviously, Trump isn't so sure about that. AND neither are most Americans right about now. This particular president seems to defy the odds. How many times can he throw out the constitution --a document that seems to be some sort of alien anathema to Trump? AND how many times can the GOP swoon over the constitution, hold their little seances with the Framers and then support Trump's Little Aristocracy?

How much power DOES a president have? If it wasn't for the impeachment process, we might as well admit that there's only ONE branch of government right now: Executive branch.
 
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Jun 2018
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South Dakota
If so, the United States Of America will no longer be able to class itself as a Republic.
The court system here is set up to have a progression of recourse built in. This prevents the activist crop of judges, appointed by Obama mostly, from dominating the courts decisions. It's the checks and balances at work. For the last 70 years the courts have been skewed to the left. That balance was way off.