Wednesday, September 9, 2020

McGahn subpoena: House Judiciary Committee petitions en banc D.C. Circuit for review

United States House Committee on the Judiciary - Wikipedia

OTHERWISE: McGahn subpoena: House Judiciary Committee petitions en banc D.C. Circuit for review

A divided three judge panel of the United States Court of Appeals for the D.C. Circuit has "hamstrung" the Judiciary Committee of the House of Representatives, argues House General Counsel Douglas N. Letter in a petition for en banc review.  The panel is the latest decision in the "Roberts Court" era to place obstacles in the way of the House of Representatives to compel adherence to its orders.

Former White House Counsel refused to respond to a subpoena to testify before the House in its impeachment inquiry.  The panel first held that the House lacked standing to sue.  Reversed by the full court, the divided panel's majority now holds that the House has no legal basis in equity or statute to enforce its subpoenas.

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