Jay Sekulow, attorney to President Donald Trump.|
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The two-page letter from the House’s top lawyer brings to the attention of the U.S. Court of Appeals for the District of Columbia Circuit remarks made by Trump’s personal attorney Jay Sekulow on the Senate floor questioning why Democrats hadn’t tried to secure testimony in court from a key former White House aide — rather than push ahead with impeachment.
A three-judge panel from the D.C. Circuit is expected to rule any day now in a case involving the House Judiciary Committee’s monthslong fight to subpoena testimony from Don McGahn, the former White House counsel. McGahn served as a star witness in the Russia inquiry, meeting for 30 hours with special counsel Robert Mueller’s investigators and sharing details about Trump’s efforts to stymie and kill the probe into Russian interference in the 2016 presidential election.
Letter’s response: “In light of President Trump’s argument, it is not clear whether DOJ still maintains its position that courts are barred from considering subpoena-enforcement suits brought by the House. At the very least, President Trump’s recognition that courts should resolve such suits undermines DOJ’s contrary threshold arguments in this case, which seek to prevent the House and its committees from seeking judicial resolution of subpoena-enforcement disputes.”
“The Executive Branch cannot have it both ways,” Letter added.