House Judiciary ranking member Jim Jordan (R-Ohio) has sent a letter to the committee chair Jerrold Nadler (D-N.Y.) to object to plans to reauthorize a subpoena for former White House counsel Don McGahn's testimony.
His letter comes after Nadler issued a memorandum on Wednesday informing committee members of his intent to reauthorize a subpoena to compel McGahn to testify before the panel in the next congressional term.
House Democrats have launched a slew of investigations since 2019, which included the subpoena of McGahn in an effort to find information that could lead to the impeachment of the president.
The White House blocked McGahn's appearance in May, asserting executive privilege over the documents. This prompted House Democrats to subsequently sue McGahn in August 2019 in an attempt to enforce the subpoena.
The full panel, in an order, set a rehearing for Feb. 23, 2021, and vacated the three-judge panel’s August decision.
The majority in the August decision wrote that the case had to be dismissed because the committee “lacks a cause of action to enforce its subpoena.”
Earlier this year, the full panel visited another issue in the case and ruled that the House has the legal right to bring suits, or standing, to enforce its subpoenas but also allowed McGahn to continue challenging the subpoena on other grounds.
In his letter, Jordan accused Nadler of breaking his promise to “avoid the use of unilateral subpoenas wherever possible” and to consult the Republican members on the committee when issuing subpoenas.
"Your memorandum today breaks your promise by announcing your decision to subpoena Mr. McGahn unilaterally without an opportunity for Member discussion or any public transparency," Jordan wrote.
He said that if Nadler insists on issuing the subpoena, he should allow other Judiciary committee members to evaluate the necessity of the subpoena when Congress resumes in January.
"For too long, you have allowed your oddly personal obsession with President Trump to cloud the Committee’s work. It is time that you stop. For all these reasons, I object to you reissuing a subpoena to Mr. McGahn and request an in-person business meeting in the 117th Congress," Jordan wrote.