U.S. court ruling raises odds of former Trump aide being asked to appear for impeachment inquiry

Source: Xinhua| 2019-11-26 17:34:06|Editor: Yurou
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WASHINGTON, Nov. 25 (Xinhua) -- A U.S. federal judge ruled here Monday that former White House counsel Don McGahn must comply with a subpoena issued by the House and testify before the chamber.

Separate from the subpoena at issue, the decision also raised the possibility of the official being requested to testify in the ongoing impeachment inquiry, in which House Democrats are trying to establish a case of President Donald Trump abusing his office for personal political gain.

"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 of the U.S. District Court for the District of Columbia wrote in a 118-page opinion.

McGahn was subpoenaed in April by House Judiciary Committee Chairman Jerry Nadler, a Democrat from the state of New York, for testimony and documents as part the panel's investigation into possible obstruction of justice by Trump and others.

In a statement when issuing the subpoena in April, Nadler said McGhan "is a critical witness to many of the alleged instances of obstruction of justice and other misconduct" described in Special Counsel Robert Muller's report about foreign interference in the 2016 U.S. election.

The Department of Justice, which will represent McGahn in this case, had argued that the counsel could not be compelled to appear before Congress, citing the view that the president and his immediate advisers are absolutely immune to such demands.

Jackson said McGahn must appear before Congress but retains the ability to "invoke executive privilege where appropriate" during his appearance.

"It is clear to this Court for the reasons explained above that, with respect to senior-level presidential aides, absolute immunity from compelled congressional process simply does not exist," the judge added, without saying whether she will put her ruling on hold for the administration to appeal.

McGahn's personal lawyer, William Burck, said his client "will comply with Judge Jackson's decision unless it is stayed pending appeal," adding that the Justice Department "is handling this case, so you will need to ask them whether they intend to seek a stay."

U.S. media reported that the Justice Department will appeal the ruling and will, in the meantime, seek to halt the order from taking effect.

White House press secretary Stephanie Grisham said in a statement that the court's ruling "contradicts longstanding legal precedent established by Administrations of both political parties." The White House, she added, is "confident that the important constitutional principle advanced by the Administration will be vindicated."

The ruling also raises the possibility of McGahn being requested to testify before House investigators conducting the ongoing impeachment inquiry into Trump, as Democrats have been debating if articles of impeachment should include allegations of obstruction of justice detailed in the Mueller report.

In a letter to House lawmakers, Adam Schiff -- chairman of the House Intelligence Committee that is leading the impeachment proceedings - said that after Congress returns from Thanksgiving holiday, his panel is expected to complete a report summarizing key findings relating to allegations that Trump pressured Ukraine to launch investigations that would have benefited him personally.

The report will be delivered to the Judiciary committee, which can subsequently draft articles of impeachment.

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