Appeals Court To Reconsider Whether Don McGhan Can Decline Subpoena

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Appeals Court To Reconsider Whether Don McGhan Can Decline Subpoena
The House said the decision stopping lawmakers from enforcing subpoenas would force them to pursue extreme measures to get answers.
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The U.S. Court of Appeals in D.C. will reconsider whether former White House counsel Don McGhan can decline a congressional subpoena.

McGahn's case reached federal court in August when the House Judiciary Committee filed a lawsuit over his refusal to appear. The committee wants a federal judge to force him to comply with the subpoena. The complaint says, "The President's claim that McGahn is entitled to 'absolute immunity' has no basis in law, and no court has ever accepted this type of blanket claim in response to a Congressional subpoena."

Earlier this month, the Judiciary Committee petitioned for the case to be reheard. House lawyers said the decision that stopped lawmakers from enforcing subpoenas could force members to go to extremes to get answers, perhaps including seeking arrests of officials who refuse to appear.

Oral arguments on the McGhan case start April 28. The same decision also allows the appeals court to weigh in on the House's legal attempt to stop border wall funding.