The federal judge who ordered former White House counsel Don McGahn to comply with a congressional subpoena put a temporary hold on her ruling.
U.S. District Judge Ketanji Brown Jackson said Wednesday she would allow a brief stay to consider whether her previous ruling should be kept on hold as the Justice Department appeals the decision.
McGahn, who left the White House in October 2018, was subpoenaed by the House Judiciary Committee to testify in April about whether President Trump tried to obstruct special counsel Robert Mueller’s Russia investigation.
The Trump administration argued the president’s top aides are absolutely immune from being compelled to testify to Congress if the president tells them not to appear. Jackson, on Monday, rejected the administration’s assertion.
The Justice Department wants Jackson’s ruling put on hold until its appeal is resolved. Jackson noted that the Judiciary Committee had consented to a brief delay.
McGahn’s lawyer said Monday that the former White House official would comply with Jackson’s ruling “unless it is stayed pending appeal.”
