There’s Less to the McGahn Ruling Than Meets the Eye

Then-White House Counsel Don McGahn listens before the Senate Judiciary Committee, September 27, 2018. (Win McNamee/Pool via Reuters)
Contrary to popular belief, the former White House counsel has been ordered to show up, not to testify — and even that is being appealed.

NRPLUS MEMBER ARTICLE Y ou might assume that the girth of the nearly 120-page opinion Judge Ketjani Brown Jackson issued Monday means that an issue of great consequence to the House impeachment inquiry has been decided. But you’d be wrong. And you’d be further misled if you put much stock in the headlines breathlessly announcing that the federal district court in Washington, D.C., has ordered that former White House counsel Don McGahn “must testify to Congress.”

What Judge Jackson actually ordered is that McGahn must show up in compliance with the House Judiciary Committee’s subpoena. She did not direct him to provide any actual testimony.


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