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| Don McGahn defies subpoena as Trump clash with Congress intensifies | Don McGahn defies subpoena as Trump clash with Congress intensifies |
| (about 2 hours later) | |
| Democrats are facing another brazen attempt by Donald Trump to stonewall their investigations, this time with former White House counsel Donald McGahn defying a subpoena to appear before Congress on Tuesday, on orders from the White House. | Democrats are facing another brazen attempt by Donald Trump to stonewall their investigations, this time with former White House counsel Donald McGahn defying a subpoena to appear before Congress on Tuesday, on orders from the White House. |
| Trump blocked McGahn from testifying before Congress about the special counsel’s report on Russian election interference, prompting sharp criticism and fresh threats of impeachment. | |
| A lawyer for McGahn said he would follow the president’s directive and skip the House judiciary hearing he had been summoned to testify before on Tuesday morning, leaving the Democrats without yet another witness – and a growing debate within the party about how to respond. | A lawyer for McGahn said he would follow the president’s directive and skip the House judiciary hearing he had been summoned to testify before on Tuesday morning, leaving the Democrats without yet another witness – and a growing debate within the party about how to respond. |
| The House speaker, Nancy Pelosi, backed by House judiciary committee chairman, Jerry Nadler, is taking a step-by-step approach to the confrontations with Trump. Nadler said the committee would vote to hold McGahn in contempt, and take the issue to court. | The House speaker, Nancy Pelosi, backed by House judiciary committee chairman, Jerry Nadler, is taking a step-by-step approach to the confrontations with Trump. Nadler said the committee would vote to hold McGahn in contempt, and take the issue to court. |
| Trump stops ex-White House counsel Don McGahn testifying to Congress | Trump stops ex-White House counsel Don McGahn testifying to Congress |
| “You face serious consequences if you do not appear,” Nadler warned McGahn in a letter on the eve of the hearing. Democrats were encouraged by an early success on that route, as a federal judge ruled against Trump on Monday in a financial records dispute with Congress. | “You face serious consequences if you do not appear,” Nadler warned McGahn in a letter on the eve of the hearing. Democrats were encouraged by an early success on that route, as a federal judge ruled against Trump on Monday in a financial records dispute with Congress. |
| “This move is just the latest act of obstruction from the White House that includes its blanket refusal to cooperate with this committee,” Nadler said in a statement. “It is also the latest example of this administration’s disdain for law.” | “This move is just the latest act of obstruction from the White House that includes its blanket refusal to cooperate with this committee,” Nadler said in a statement. “It is also the latest example of this administration’s disdain for law.” |
| In a legal opinion released on Monday, the justice department said lawmakers on Capitol Hill cannot compel McGahn, who was subpoenaed by the House judiciary committee, to answer their questions under oath. | In a legal opinion released on Monday, the justice department said lawmakers on Capitol Hill cannot compel McGahn, who was subpoenaed by the House judiciary committee, to answer their questions under oath. |
| “The Department of Justice has provided a legal opinion stating that, based on long-standing, bipartisan, and constitutional precedent, the former counsel to the president cannot be forced to give such testimony, and Mr McGahn has been directed to act accordingly,” the White House press secretary, Sarah Sanders, said in a statement. | “The Department of Justice has provided a legal opinion stating that, based on long-standing, bipartisan, and constitutional precedent, the former counsel to the president cannot be forced to give such testimony, and Mr McGahn has been directed to act accordingly,” the White House press secretary, Sarah Sanders, said in a statement. |
| “This action has been taken in order to ensure that future presidents can effectively execute the responsibilities of the office of the presidency.” | “This action has been taken in order to ensure that future presidents can effectively execute the responsibilities of the office of the presidency.” |
| McGahn is a central figure in special counsel Robert Mueller’s report, often standing in the way of Trump’s efforts to obstruct justice. According to investigators, McGahn threatened to resign when the president ordered him to have Mueller fired. | McGahn is a central figure in special counsel Robert Mueller’s report, often standing in the way of Trump’s efforts to obstruct justice. According to investigators, McGahn threatened to resign when the president ordered him to have Mueller fired. |
| McGahn was also dispatched by Trump to convince the former attorney general Jeff Sessions not to recuse himself from overseeing the Russia investigation. (Sessions did not heed the president’s demands.) | McGahn was also dispatched by Trump to convince the former attorney general Jeff Sessions not to recuse himself from overseeing the Russia investigation. (Sessions did not heed the president’s demands.) |
| Some members of the judiciary panel feel Pelosi should be more aggressive and launch impeachment hearings that would make it easier to get information from the administration. Such hearings would give Democrats more standing in court and could stop short of a vote to remove the president. | Some members of the judiciary panel feel Pelosi should be more aggressive and launch impeachment hearings that would make it easier to get information from the administration. Such hearings would give Democrats more standing in court and could stop short of a vote to remove the president. |
| The issue was raised in a meeting among top Democrats on Monday evening, where some members confronted Pelosi about opening up the impeachment hearings, according to three people familiar with the private conversation who requested anonymity to discuss it. | The issue was raised in a meeting among top Democrats on Monday evening, where some members confronted Pelosi about opening up the impeachment hearings, according to three people familiar with the private conversation who requested anonymity to discuss it. |
| The Maryland representative Jamie Raskin made the case that launching an impeachment inquiry would consolidate the Trump investigations as Democrats try to keep focus on their other work, according to the people. | The Maryland representative Jamie Raskin made the case that launching an impeachment inquiry would consolidate the Trump investigations as Democrats try to keep focus on their other work, according to the people. |
| Pelosi resisted, noting that several committees were doing investigations already and they had been successful in one court case. But the members, several of whom have spoken publicly about the need to be more aggressive with Trump, are increasingly impatient with the careful approach. Other Democrats in the meeting siding with Raskin included David Cicilline of Rhode Island, Ted Lieu of California and the freshman Colorado representative Joe Neguse. | Pelosi resisted, noting that several committees were doing investigations already and they had been successful in one court case. But the members, several of whom have spoken publicly about the need to be more aggressive with Trump, are increasingly impatient with the careful approach. Other Democrats in the meeting siding with Raskin included David Cicilline of Rhode Island, Ted Lieu of California and the freshman Colorado representative Joe Neguse. |
| Just before the start of the meeting, Cicilline tweeted: “If Don McGahn does not testify tomorrow, it will be time to begin an impeachment inquiry of @realDonaldTrump.” | Just before the start of the meeting, Cicilline tweeted: “If Don McGahn does not testify tomorrow, it will be time to begin an impeachment inquiry of @realDonaldTrump.” |
| In the hours after the discussion, Pelosi and Nadler met privately. Shortly after emerging from that meeting, Nadler said “it’s possible” when asked about impeachment hearings. But he noted that Democrats had won a court victory without having to take that step. | In the hours after the discussion, Pelosi and Nadler met privately. Shortly after emerging from that meeting, Nadler said “it’s possible” when asked about impeachment hearings. But he noted that Democrats had won a court victory without having to take that step. |
| “The president’s continuing lawless conduct is making it harder and harder to rule out impeachment or any other enforcement action,” Nadler said. | “The president’s continuing lawless conduct is making it harder and harder to rule out impeachment or any other enforcement action,” Nadler said. |
| McGahn’s refusal to testify is the latest of several moves to block Democratic investigations by Trump, who has said his administration will fight “all of the subpoenas”. The judiciary committee voted to hold the attorney general, William Barr, in contempt earlier this month after he declined to provide an unredacted version of special counsel Robert Mueller’s report. | |
| And the House intelligence committee is expected to take a vote on a separate “enforcement action” against the justice department this week after Barr declined a similar request from that panel. | |
| McGahn’s lawyer, William Burck, said in a letter to Nadler that McGahn was “conscious of the duties he, as an attorney, owes to his former client” and would decline to appear. | McGahn’s lawyer, William Burck, said in a letter to Nadler that McGahn was “conscious of the duties he, as an attorney, owes to his former client” and would decline to appear. |
| Still, Burck encouraged the committee to negotiate a compromise with the White House, saying that his client “again finds himself facing contradictory instructions from two co-equal branches of government”. | |
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