Legal experts say U.S. court ruling on White House counsel could encourage witnesses to talk in impeachment probe

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(Reuters) – A court ruling expected on Monday could give cover to former national security advisor John Bolton and other administration officials to cooperate in the impeachment inquiry against U.S. President Donald Trump, legal experts said.

U.S. District Judge Ketanji Brown Jackson in Washington said she would rule by Monday in a lawsuit by a U.S. House of Representatives committee seeking to compel former White House Counsel Don McGahn to testify in the probe.

Brown Jackson, an appointee of former President Barack Obama, suggested during oral arguments in October that she would rule in favor of the House. The Trump administration has argued that the U.S. Constitution does not give Congress power to compel testimony from senior members of the executive branch.

A judge rejected a similar argument in 2008 in a fight over a subpoena issued to former President George W. Bush’s White House counsel.

A decision that McGahn must testify would not bind other officials and would almost certainly be appealed. But some lawyers said Bolton and others could use a ruling to justify talking to Congress if they decide doing so would be in their self-interest.

This month, Bolton’s lawyer said in a letter that Bolton “stands ready” to testify if a judge ruled that Congress has the authority to make him appear. However, Bolton did not appear for a closed-door deposition on Nov. 7.

“It could be a warm embrace for those who want to testify but need a reason to do,” said Jessica Levinson, a law professor at Loyola Law School in Los Angeles. “It would give political cover to those who want to come forward.”

Bolton’s lawyer Charles Cooper did not respond to a request for comment on Brown Jackson’s forthcoming ruling. William Burck, a lawyer for McGahn, declined to comment.

The Democratic-controlled U.S. House of Representatives is investigating whether Trump abused his power by pressing Ukraine to carry out investigations that would benefit him politically, including one targeting political rival Joe Biden.
https://www.reuters.com/article/us-usa-trump-impeachment-witnesses/legal-experts-say-us-court-ruling-on-white-house-counsel-could-encourage-witnesses-to-talk-in-impeachment-probe-idUSKBN1XY093

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