A federal judge has just ruled that former White House counsel Don McGahn must honor a subpoena and testify before a House Judiciary committee on impeachment when those proceedings are scheduled, which could be next month. And he must appear in person:
BREAKING: Judge rules Don McGahn must testify before the House Judiciary Committee, but "can invoke executive privilege where appropriate." #MTPDaily pic.twitter.com/l2sUsfal6l
— Meet the Press (@MeetThePress) November 25, 2019
But as NBC’s Pete Williams points out, the judge ruled that McGahn doesn’t have to answer all the questions and can invoke executive privilege where it’s appropriate.
The judge reportedly said “The United States of America has a government of laws and not of men.”
Judge Ketanji Brown Jackson begins conclusion in McGahn ruling: "The United States of America has a government of laws and not of men."
— Zeke Miller (@ZekeJMiller) November 25, 2019
The White House will likely appeal this decision. McGahn’s attorney says they will comply with the ruling unless it is stayed in an appeal:
Bill Burck, McGahn’s attorney, said the former White House counsel “will comply with Judge Jackson’s decision unless it is stayed pending appeal.” He deferred to the Justice Department, which is leading the lawsuit, on its plans to respond to Monday’s ruling.
— Darren Samuelsohn (@dsamuelsohn) November 25, 2019
If you want to read this 120 page ruling for yourself, you can find it here.
In case you are wondering, Judge Ketanji Brown Jackson is an Obama appointee.