Don McGahn appeals ruling that he must testify in impeachment probe

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If the judge does not immediately impose that delay, the department said it would file an emergency application on Wednesday at the U.S. Court of Appeals for the District of Columbia Circuit.

Jackson said McGahn must appear before Congress but still retains the ability to "invoke executive privilege where appropriate" during his appearance. An eventual test of absolute executive privilege and presidential immunity (which Trump has repeatedly asserted) appears inevitable before a Supreme Court, which, with two Trump appointed justices during his term, now leans 5-4 on the conservative side.

A lawyer for McGahn says that his client will obey the court's ruling to testify.

"Boy, it looks like a complete win for Nancy Pelosi and the House of Representatives and a very devastating loss for the president", Katyal said.

CHANG: Oh, so maybe the executive branch has broader discretion to resist subpoenas.

But U.S. District Court Judge Ketanki Brown Jackson ruled on Monday that if he wanted to assert executive privilege to avoid testifying, he would need to appear before Congress and do it himself, on a question-by-question basis. Those senior diplomats who did agree to provide depositions and public testimony did so against the requests of the White House.

"This decision contradicts longstanding legal precedent established by Administrations of both political parties", White House press secretary Stephanie Grisham said.

"Presidents are not kings", wrote Jackson.

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Senior PP official Teodoro Garcia Egea told Onda Cero radio on Monday that Sanchez had not asked his party to do so. That means Spain may face another political stalemate and months more without a stable government.


"This means they do not have subjects, bound by loyalty or blood, whose destiny they are entitled to control".

Democrats have subpoenaed top administration officials, including Secretary of State Mike Pompeo, Energy Secretary Rick Perry, and White House acting chief of staff Mick Mulvaney for records or testimony - but the administration has blocked them.

The Trump administration has refused to cooperate with the impeachment inquiry and other Democrat-led investigations, directing current and former White House officials to defy subpoenas for testimony and documents.

House Democrats still want McGahn to play a role in the impeachment process.

The Mueller report detailed 10 instances of possible attempts to interfere with the probe.

White House counsel Don McGahn listens as Supreme court nominee Brett Kavanaugh testifies before the Senate Judiciary Committee on Capitol Hill in Washington, Sept. 27, 2018.

McGahn stated he declined to comply with the order, and determined to resign as a substitute. McGahn also told prosecutors that Trump directed him to lie after his order to fire Mueller was reported. Kupperman's attorney also represents former national security adviser John Bolton. Kupperman filed a lawsuit asking a judge to rule on whether he must comply with a Congressional subpoena or whether all of his communications with Trump were privileged since he was on the national security adviser's team.

Judge Jackson's ruling reinforced that no matter how high one has risen within the administration, they must still show up when subpoenaed. Multiple diplomats and national security experts said requesting such "a favor" from a foreign leader ran counter to longstanding foreign policy practices and US national security interests to support Ukraine against Russian aggression.

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