Talking Points Memo has an update on McGahn and his attempts to avoid testifying.
BREAKING: Federal judge rules former White House counsel Don McGahn must testify, rejecting all 3 of DOJ’s arguments and finding that “the claim that a President’s senior-level aides have absolute testimonial immunity is meritless.” https://t.co/YNFZR9W98d
— Natasha Bertrand (@NatashaBertrand) November 25, 2019
“U.S. District Judge Ketanji Brown Jackson denied Monday the administration’s request for a stay. The administration has already asked an appeals court to put on hold her order from last week that McGahn testify. The appeals court has put the ruling on an administrative hold, and has scheduled briefing and oral arguments on the merits of the appeal.”
“On Monday, the judge said that the Justice Department could not “make a persuasive showing of irreparable harm in the absence of a colorable argument that McGahn’s mere appearance before the Judiciary Committee would, in and of itself, be harmful.”
“[T]the Judiciary Committee would almost certainly lose the chance to question McGahn as part of the present impeachment inquiry if a stay order issues, which would unquestionably harm the ongoing investigation that the Judiciary Committee is conducting, and by extension, would also injure the public’s interest in thorough and well-informed impeachment proceedings,” she said.”
BREAKING: Judge Jackson has denied DOJ’s motion to stay her ruling ordering former WH Counsel Don McGahn to testify. pic.twitter.com/DjQXOHY9Yb
— Andrew Desiderio (@AndrewDesiderio) December 2, 2019
TPM has the entire order in their article.
The question now is whether the US Appellate court will extend its administrative stay or lift it.
More FOIA information has been released tonight based on the Buzzfeed lawsuit.
According to Rachel the biggest thing found so far among the papers most of which are FBI interview notes is that Michael Cohen “told Sekulow there were details out there that weren’t in the letter [redacted] Cohen said there were more communications with Russia and more communications with Trump than were reflected and Sekulow responded that it was not necessary to elaborate or include those details because the transaction did not take place.” (emphasis added by me)
This is about the Trump Moscow Tower. Got to love the joint defense agreement and Sekulow.
McGahn must testify. Remember he can’t claim privilege on that which he’s testified 2 w the #MuellerReport. Anything can happen w these witnesses so manage expectations & know trump will do what he can 2 taint the process; It’s his only option as there’s no exculpatory evidence. https://t.co/0d8ugV6SZm
— Ashlie Weeks (@ashlie_weeks) December 3, 2019