Sign up for our daily briefing
Make your busy days simpler with Axios AM/PM. Catch up on what's new and why it matters in just 5 minutes.
Catch up on coronavirus stories and special reports, curated by Mike Allen everyday
Catch up on coronavirus stories and special reports, curated by Mike Allen everyday
Denver news in your inbox
Catch up on the most important stories affecting your hometown with Axios Denver
Des Moines news in your inbox
Catch up on the most important stories affecting your hometown with Axios Des Moines
Minneapolis-St. Paul news in your inbox
Catch up on the most important stories affecting your hometown with Axios Twin Cities
Tampa Bay news in your inbox
Catch up on the most important stories affecting your hometown with Axios Tampa Bay
Charlotte news in your inbox
Catch up on the most important stories affecting your hometown with Axios Charlotte
Don McGahn. Photo: Alex Wong/Getty Images
A D.C. Circuit Court of Appeals panel ruled 2-1 on Monday that House Democrats do not have the legal authority to enforce a subpoena against former White House counsel Don McGahn.
Why it matters: The majority opinion deals a severe blow to the House's investigative power, ruling that Congress must pass a law in order to enforce subpoenas in court. House Democrats on Monday immediately said they would appeal the decision and ask the full appeals court to rehear the case.
- "This wrong-headed Court of Appeals panel ruling threatens to strike a grave blow to one of the most fundamental Constitutional roles of the Congress: to conduct oversight on behalf of the American people, including by issuing our lawful and legitimate subpoenas," Speaker Nancy Pelosi said in a statement.
The big picture: Democrats on the House Judiciary Committee have fought a lengthy battle to question McGahn — one of the most important witnesses in special counsel Robert Mueller's investigation — regarding President Trump's alleged attempts to obstruct justice.
What they're saying: "Because the Committee lacks a cause of action to enforce its subpoena, this lawsuit must be dismissed," the majority opinion reads.
- "We note that this decision does not preclude Congress (or one of its chambers) from ever enforcing a subpoena in federal court; it simply precludes it from doing so without first enacting a statute authorizing such a suit."
- "If Congress (rather than a single committee in a single chamber thereof) determines that its current mechanisms leave it unable to adequately enforce its subpoenas, it remains free to enact a statute that makes the House’s requests for information judicially enforceable."
The other side: "[T]he Supreme Court has explained that the powers of Congress enumerated in the Article I of the Constitution imply not only a right to information but also a right to seek judicial enforcement of its subpoena," one of the appeals judges wrote in a dissenting opinion.
The bottom line: The case will continue to be delayed and McGahn will, for the moment, not be forced to testify.