Absolutely not
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.