President Donald Trump has no right to prevent Congress from obtaining the testimony of White House Counsel Don McGahn through a subpoena as the House pursues impeachment, according to a new legal filing made by twenty former Republican lawmakers, government officials, and legal experts.
The filing, as Politico reported, argues on an originalist and conservative basis that the president does not have the authority to unilaterally undermine congressional oversight. This position is in tension, somewhat, with Attorney General Bill Barr’s conservative legal view and disposition which favors expansive presidential powers and discretion — at least when a Republican is in the White House.
The argument takes the form of an amicus brief, which is filed by parties who are not subjects of the dispute but want to offer an opinion on the case. It was organized by Protect Democracy, a group that sprang up in response to Trump’s presidency. Continue reading