McGahn confirms he will skip House hearing, as DOJ asserts 'immunity' and Nadler fumes


In a letter to Nadler, McGahn attorney William Burck said his client won't show up. Burck said current White House Counsel Pat Cipollone had communicated that Trump had instructed McGahn not to testify, and that Assistant Attorney General for the Office of Legal Counsel Steven Engel had said McGahn was immune from testifying.
"Mr. McGahn understands from your prior correspondence that the Committee would vote to hold him in contempt should he not appear tomorrow and the House of Representatives may follow suit," Burck wrote to Nadler. "While we disagree with the Committee’s position and hope it will instead seek an accommodation with the White House, Mr. McGahn also must honor his ethical and legal obligations as a former senior lawyer and senior advisor to the President. In short, it is our view that the Committee’s dispute is not with Mr. McGahn but with the White House."
The Justice Department issued an opinion today that protects White House counsel Don McGahn from being compelled to testify before Congress:
AP – The Justice Department says former White House counsel Don McGahn can’t be compelled to testify before Congress about the findings of special counsel Robert Mueller’s report on the Russia investigation.
The department’s Office of Legal Counsel issued an opinion Monday finding that McGahn would have “immunity” as a former presidential adviser. It could clear the way for McGahn to defy a congressional subpoena ordering him to testify by Tuesday.
I’m sure Democrats will get all bent out of shape on this.
But according to the AP’s reporting, the DOJ also did this for Obama’s presidential advisors back in 2014:
The Justice Department issued a similar opinion in 2014 that found that close presidential advisers have “absolute immunity” from congressional subpoenas.
Shortly after the opinion was released, Trump directed McGahn to defy the subpoena from the Nadler’s Judiciary Committee:
AP – President Donald Trump is directing former White House counsel Don McGahn to defy a congressional subpoena.
The White House on Monday cited a legal opinion from the Justice Department, which argues that McGahn would have immunity from testifying before Congress about his work as a close Trump adviser.
The AP reports that Nadler has threatened to hold McGahn in contempt if he defies their subpoena.
Yeah, that’s gonna do a lot of good. LOL!

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