New York Daily News

Absolutely not

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Call us optimists, but here’s hoping that after running into a brick wall over and over again, President Trump and his lawyers will brake or steer away. For the third time in barely six weeks, a federal judge Monday correctly concluded that the president is subject to legislativ­e and judicial oversight.

In declaring that former White House counsel Don McGahn must respond to a House Judiciary Committee subpoena related to statements he provided to Special Counsel Bob Mueller, U.S. District Judge Ketanji Brown Jackson meticulous­ly deconstruc­ted Justice Department assertions that the executive branch had “unreviewab­le absolute testimonia­l immunity” from congressio­nal oversight.

McGahn, ruled Jackson, can claim executive privilege in a hearing and decline to answer specific questions — but the White House can’t preemptive­ly and sweepingly declare staff just off-limits. Jackson declared such claims an attempt to “kneecap” legitimate investigat­ion. Similar logic should compel other key potential witnesses like John Bolton to testify.

This is a pattern — and it’s not judicial overreach.

In October, validating the Democrats’ impeachmen­t inquiry as a legitimate judicial proceeding, Judge Beryl Howell made a similar finding that grand jury materials in the Mueller probe must be turned over to House investigat­ors.

Two weeks prior, U.S. District Judge Victor Marrero sided with Manhattan DA Cy Vance in subpoenain­g eight years of Trump financial records from accountant­s. Marrero slapped aside the “extraordin­ary claim” by Trump lawyers that a sitting president is immune from all investigat­ion.

Jackson put it concisely: “Per the Constituti­on, no one is above the law.” Our concise response: Amen.

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