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Committee Urgently Needs McGahn Testimony for its Investigation into Trump Obstruction, Corruption & Abuse of Power

Today, House Judiciary Committee Chairman Jerrold Nadler (D-NY) announced the Committee will continue its efforts to hold President Donald Trump accountable as part of its investigation into obstruction, corruption and abuse of power by Trump and his associates. Nadler announced that the House Judiciary Committee filed a complaint to compel former White House Counsel Don McGahn to testify before the Committee as part of its efforts to determine whether to recommend articles of impeachment against the President. 

Chairman Nadler released the following statement:

“Our Committee is actively considering whether to recommend articles of impeachment, and we seek the testimony of Mr. McGahn for that purpose.  Mr. McGahn’s testimony is crucial to our investigation.”

The text of the complaint is available here. Below are excerpts from the filing: 

· McGahn is the Committee’s most critical witness.

· McGahn’s refusal to testify is depriving the Committee of a witness and information that are essential to its investigation, thereby impeding its ability to exercise its essential Article I functions. That includes the most urgent duty the legislative branch can face: determining whether to recommend articles of impeachment.

· The day before McGahn’s required appearance before this Committee, pursuant to the subpoena at issue in this litigation, the White House purportedly directed McGahn not to appear on the basis of so-called “absolute immunity” from compelled testimony.  Although that claim has no basis in law and has never been accepted by any court, McGahn refused to appear before this Committee as required by his subpoena.

McGahn must appear before the Committee and answer all questions unless he has a valid basis for asserting a privilege as to any specific question.  He may only invoke executive privilege as appropriate and may not refuse to answer the Committee’s questions about the information and matters discussed in the Report.  The President waived executive privilege over such evidence, including when he authorized the public release of the Report. 

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