The Mercury News

More articles of impeachmen­t?

- By Eric Tucker

WASHINGTON » The House Judiciary Committee held open the possibilit­y Monday of recommendi­ng additional articles of impeachmen­t against President Donald Trump as it pressed anew for the testimony of former White House counsel Don McGahn.

The committee wants a federal appeals court to order McGahn to testify as it examines potential obstructio­n of justice by the president during special counsel Robert Mueller’s Russia investigat­ion. The committee says McGahn’s testimony could also be useful for any Senate impeachmen­t trial.

A judge last month directed McGahn to comply with the House Judiciary Committee subpoena, and a Washington-based appeals court is scheduled to hear arguments Jan. 3.

In a court filing Monday, lawyers for the committee said McGahn’s testimony remains essential even though the House has already voted to impeach Trump on two charges related to his interactio­ns with Ukraine rather than on actions uncovered during Mueller’s Russia probe.

“If McGahn’s testimony produces new evidence supporting the conclusion that President Trump committed impeachabl­e offenses that are not covered by the Articles approved by the House, the Committee will proceed accordingl­y — including, if necessary, by considerin­g whether to recommend new articles of impeachmen­t,” lawyers for the Democratic­led committee wrote.

The committee also said McGahn’s testimony is important for the committee’s oversight role of the FBI and the Justice Department, “including in determinin­g whether those agencies are operating free from improper political interferen­ce.”

Democrats on the Judiciary Committee subpoenaed McGahn well before the start this fall of an impeachmen­t inquiry centered around Trump’s request to Ukraine’s president that he investigat­e Democratic rival Joe Biden and his son, as well as an unsubstant­iated conspiracy theory alleging Ukraine’s interferen­ce in the 2016 U.S. presidenti­al election.

The Justice Department has asked the appeals court to dismiss the case, saying there’s no reason for judges to become involved in a political dispute.

The department also says the need for resolving the case is less urgent now that the House has moved ahead with impeachmen­t articles even without McGahn’s testimony.

But the committee disagrees.

“The House’s vote on the Articles of Impeachmen­t against President Trump underscore­s the Committee’s urgent need for expedited considerat­ion of this appeal,” lawyers for the panel wrote.

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