Sun Sentinel Palm Beach Edition

McGahn is ‘most important witness’

House Judiciary Committee sues to compel testimony

- By Ellen Nakashima and Karoun Demirjian

House Judiciary Committee asks a federal judge to compel testimony from former White House counsel.

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WASHINGTON — The House Judiciary Committee asked a federal judge on Wednesday to compel testimony from former White House counsel Don McGahn, whom lawmakers consider their “most important” witness in any potential impeachmen­t proceeding against President Donald Trump.

McGahn figured prominentl­y in special counsel Robert Mueller’s investigat­ion of whether Trump obstructed justice during the Justice Department’s probe of Russian interferen­ce in the 2016 election. The committee subpoenaed him in April but the White House blocked his testimony, claiming McGahn had “absolute” immunity.

Lawyers for the committee’s Democrats call the assertion “spurious” and say it has no grounding in case law.

The complaint, filed in the U.S. District Court for the District of Columbia, escalates the monthslong feud between congressio­nal Democrats and the president. It marks the first lawsuit Democrats have filed to force a witness to testify since they regained control of the House in the fall and subsequent­ly launched a series of investigat­ions into the president’s conduct and finances.

The House has not formally voted to launch impeachmen­t proceeding­s, but Judiciary Committee Chairman Rep. Jerrold Nadler, D-N.Y., has said the panel is pursuing an impeachmen­t investigat­ion.

“Given McGahn’s central role as a witness to the president’s wide-ranging potentiall­y obstructiv­e conduct, the Judiciary Committee cannot fulfill its constituti­onal investigat­ive, oversight and legislativ­e responsibi­lities — including its considerat­ion of whether to recommend articles of impeachmen­t — without hearing from him,” the lawsuit says.

McGahn’s lawyer, William Burck, said that McGahn will abide by the president’s instructio­ns absent a contrary decision from the court.

McGahn, now a partner at Jones Day, “has an ethical obligation to protect client confidence­s,” Burck said. “Don does not believe he witnessed any violation of law. And the president instructed Don to cooperate fully with the special counsel but directed him not to testify to Congress unless the White House and the committee reached an accommodat­ion.”

McGahn left the Trump administra­tion in October.

The lawsuit says McGahn witnessed “nearly all of the most egregious episodes of possible presidenti­al obstructio­n,” and his statements are mentioned in the special counsel’s 448page report more than 160 times.

For instance, on June 17, 2017, three days after The Washington Post reported that the special counsel was investigat­ing whether the president had obstructed justice and a month after Mueller was appointed, Trump called McGahn at home twice and directed him to fire Mueller over alleged conflicts of interest, the complaint says, citing the report.

McGahn declined, advising the president that this “would be ‘another fact used to claim obstructio­n of justice,’ ” the lawsuit says.

McGahn again resisted when the president sought to have him issue a public statement and a “letter” refuting media reports, published in January 2018, indicating that Trump had ordered McGahn to have Mueller fired the previous summer, according to the suit.

And he rebuffed the president’s effort in March 2017 to get him to pressure thenAttorn­ey General Jeff Sessions not to recuse himself from the Russia probe, the lawsuit says. When McGahn declined, Trump “expressed anger at McGahn about the recusal,” the complaint says.

McGahn also was a “key witness” to the events leading up to Trump’s decisions to fire his first national security adviser, Michael Flynn, and then-FBI director James Comey in apparent attempts to end the Justice Department probe into Russia’s election interferen­ce and possible coordinati­on with Trump associates, the complaint stated.

“McGahn is uniquely positioned to explain those events, bring additional misconduct to light, and provide evidence regarding the president’s intent,” the complaint says, noting that Trump has disputed significan­t portions of these events and accused McGahn of fabricatin­g facts. “Live testimony from McGahn is essential” to resolving any conflictin­g accounts, it says.

House Democrats are sharply divided on the question of impeachmen­t, with just over half, including Nadler, favoring proceeding­s. House Speaker Nancy Pelosi, D-Calif., has argued that Democrats ought to use the courts to make their case against the president, and she has repeatedly pointed out that voters are less interested in impeachmen­t than they are in issues such as health care and the economy.

 ?? SAUL LOEB/AP 2018 ?? Former White House counsel Don McGahn is at the center of Democrats’ potential impeachmen­t proceeding­s against President Donald Trump.
SAUL LOEB/AP 2018 Former White House counsel Don McGahn is at the center of Democrats’ potential impeachmen­t proceeding­s against President Donald Trump.

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