Former Justice Department officials urged a federal appeals court to uphold a subpoena for former White House counsel Don McGahn’s testimony.
A group of seven ex-officials who primarily served in Democratic administrations filed an amicus brief with the D.C. Circuit Court of Appeals on Thursday, arguing Congress can sue to enforce its subpoenas in court, according to the Hill.
“That holding was wrong,” the former officials wrote. “Not only is the judiciary well equipped to answer a question about testimonial immunity, but prohibiting Congress from enforcing its subpoenas in court will effectively allow not only this Administration — but all future administrations — to avoid legitimate congressional oversight.”
President Trump directed McGahn not to comply with the House Judiciary Committee subpoena when it was issued last year.
House Democrats wanted McGahn to testify about special counsel Robert Mueller’s investigation.
The court of appeals is scheduled to rehear the case later this month after a three-judge panel ruled in February that the Constitution prevents the courts from resolving disputes between the branches of government.
