The Columbus Dispatch

SUBPOENA

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Lawyers for the president are fighting document and witness subpoenas on several fronts, and Mehta’s ruling came hours after former White House counsel Donald Mcgahn was directed by the Justice Department not to appear Tuesday before the House Judiciary Committee, which is seeking testimony about his conversati­ons with Trump. A lawyer for Mcgahn then said the former counsel would not appear.

The Justice Department insists that immunity from testimony does not evaporate once a presidenti­al adviser leaves the government, because the topics of interest to Congress are discussion­s that occurred when the person worked for the president.

Democrats had subpoenaed Mcgahn to testify Tuesday morning, hoping he would become a star witness in their investigat­ion into whether Trump obstructed justice. Mcgahn provided critical testimony in several instances of potential obstructio­n by Trump, detailed in Mueller’s report.

Congressio­nal Democrats have vowed to fight for evidence of potential misconduct by Trump and those close to him, and the president’s legal team is broadly resisting those efforts. How those fights play out in court in the months ahead could affect the 2020 presidenti­al race.

Mehta flatly rejected arguments from the president’s lawyers that the House Oversight Committee’s demands for the records from Trump’s accounting firm, Mazars USA, were overly broad and served no legitimate legislativ­e function.

“It is simply not fathomable,” the judge wrote, “that a Constituti­on that grants Congress the power to remove a President for reasons including criminal behavior would deny Congress the power to investigat­e him for unlawful conduct — past or present — even without formally opening an impeachmen­t inquiry.”

Trump has argued those congressio­nal inquiries are politicall­y motivated attacks on the authority of the presidency, while Democrats insist that the subpoenas are essential to ensuring that no president is above the law.

When the lawsuit was filed, Trump’s private attorney Jay Sekulow said in a statement that the president’s team “will not allow Congressio­nal Presidenti­al harassment to go unanswered.”

The company said in a statement that it will “respect the legal process and fully comply with its legal obligation­s.”

While Democrats scored the first court victory in the fight over the president’s financial records, it’s unclear how many of these disputes will reach higher courts, or how those courts might rule.

Monday’s ruling threw historical shade at Trump, comparing him with former President James Buchanan, generally considered one of the country’s worst leaders, who had also complained bitterly about “harrassing” congressio­nal inquiries.

Mehta noted that Congress also launched an investigat­ion into the conduct of Bill Clinton before he became president.

“Congress plainly views itself as having sweeping authority to investigat­e illegal conduct of a President, before and after taking office,” the judge wrote. “This court is not prepared to roll back the tide of history.”

The judge gave the White House a week to formally appeal the decision.

An appeal could test decades of legal precedent that has upheld Congress’ right to investigat­e — a legal battle that is one part of a broader effort by House Democrats to examine Trump’s finances, his campaign and allegation­s that he sought to obstruct justice in special counsel Robert Mueller’s Russia investigat­ion. Broadly, the stakes involve possibly changing the balance of power between the executive and the legislativ­e branches of government for years to come.

In the Mazars case, Mehta said a congressio­nal investigat­ion into illegal conduct before and during a president’s time in office fits “comfortabl­y”with Congress’ broad investigat­ive powers, which include an “informing function,” or power to expose corruption.

Trump, his three eldest children and companies also are attempting to block a subpoena by the House Financial Services Committee for Trump’s bank records issued to Deutsche Bank and Capital One Financial, which a federal judge in Manhattan is set to hear Wednesday.

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