A federal appeals court in Washington, D.C., on Friday dismissed a lawsuit from House Democrats who were seeking testimony from former White House counsel Don McGahn as part of a broader investigation into President Donald Trump. The court said it lacked jurisdiction to hear the case, agreeing with the Trump administration’s position that the U.S. Constitution forbids federal courts from resolving interbranch information disputes.
“The Committee’s suit asks us to settle a dispute that we have no authority to resolve,” the opinion states.
“Congress (or one of its chambers) may hold officers in contempt, withhold appropriations, refuse to confirm the President’s nominees, harness public opinion, delay or derail the President’s legislative agenda, or impeach recalcitrant officers,” the court wrote. “And Congress can wield these political weapons without dragging judges into the fray.”
Circuit Judge John M. Rogers dissented from the opinion, writing that the majority’s ruling “removes any incentive for the Executive Branch to engage in the negotiations process seeking accommodation, all but assures future Presidential stonewalling of Congress, and further impairs the House’s ability to perform its constitutional duties.”
The decision will have immediate implications for Democrats’ efforts to get President Trump’s tax returns. The administration refused their formal request last year, and the case has been stuck in a lower court. The judge in that case paused the proceedings to wait for an outcome in the McGahn case. Now that the appeals court has dismissed it, the lower judge is likely to say Democrats lack standing to sue for the president’s taxes.
A federal judge had previously ruled that McGahn must comply with the subpoena, writing that “Presidents are not kings” and were subject to congressional oversight.
The ruling is embedded below.
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