Justice Department Says Appeals Court Shouldn’t Referee McGahn Case

Then-White House counsel Don McGahn listens to U.S. Supreme Court nominee Brett Kavanaugh testify before a Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington on Sept. 27, 2018. Jim Bourg/Reuters

The Justice Department (DOJ) argued on Dec. 23 that a federal appeals court shouldn’t referee a dispute between Congress and the Trump administration over the subpoena demanding that former White House counsel Don McGahn testify before the House Judiciary Committee.

In a court filing, the DOJ, which is arguing on McGahn’s behalf, addressed how the articles of impeachment against President Donald Trump will affect the McGahn case. The House approved two articles of impeachment last week against the president in a partisan vote.