In re: Don McGahn
Introduction


[thumb\|D.C. District Court ruling ordering Don McGahn to follow a congressional subpoena to appear before the House Judiciary Committee](/wiki/File:U.S._House_Judiciary_Committee_v._Donald_F._McGahn_D.C._District_Court_Memorandum_Opinion.pdf "U.S. House Judiciary Committee v. Donald F. McGahn D.C. District Court Memorandum Opinion.pdf")

***In re: Don McGahn*** (also: *Committee on the Judiciary, United States House of Representatives v. Donald F. McGahn II*; *U.S. House Judiciary Committee v. Donald F. McGahn*) is a U.S. constitutional case lawsuit (1:19\-cv\-02379\) filed in the [United States District Court for the District of Columbia](/wiki/United_States_District_Court_for_the_District_of_Columbia "United States District Court for the District of Columbia") by the [House Judiciary Committee](/wiki/House_Judiciary_Committee "House Judiciary Committee") to compel the testimony of former White House Counsel [Donald F. McGahn Jr.](/wiki/Don_McGahn "Don McGahn") under [subpoena](/wiki/Subpoena "Subpoena"). McGahn was put under subpoena to testify regarding his knowledge of the [Russia investigation](/wiki/Mueller_special_counsel_investigation "Mueller special counsel investigation") and [Mueller Report](/wiki/Mueller_Report "Mueller Report") and whether President [Donald Trump](/wiki/Donald_Trump "Donald Trump")'s actions could constitute [obstruction of justice](/wiki/Obstruction_of_justice "Obstruction of justice"). The case gained importance as the House launched [impeachment proceedings](/wiki/Impeachment_inquiry_against_Donald_Trump "Impeachment inquiry against Donald Trump") against Trump regarding the [Trump–Ukraine scandal](/wiki/Trump%E2%80%93Ukraine_scandal "Trump–Ukraine scandal").

In April 2019, the House Judiciary Committee subpoenaed McGahn to testify before Congress about potential obstruction of justice on the part of the Trump administration. The administration directed McGahn to ignore the subpoena, claiming that he was "absolutely immune" from compelled congressional testimony. In August 2019, the Judiciary Committee sued McGahn to compel his testimony. On November 25, 2019, U.S. District Court Judge [Ketanji Brown Jackson](/wiki/Ketanji_Brown_Jackson "Ketanji Brown Jackson") ruled that McGahn must testify, declaring that "no one is above the law," but allowed McGahn to invoke [executive privilege](/wiki/Executive_privilege "Executive privilege") on certain questions. Jackson's ruling said that the claim of the [Justice Department](/wiki/United_States_Department_of_Justice "United States Department of Justice") (DOJ) to "unreviewable absolute testimonial immunity" is "baseless, and as such, cannot be sustained". The ruling is laced with references to and quotes from the [Founding Fathers of the United States](/wiki/Founding_Fathers_of_the_United_States "Founding Fathers of the United States") and the Constitution's [Framers](/wiki/Framers "Framers").

The case was appealed by the DOJ, representing Don McGahn, and on November 26, 2019, the DOJ asked Jackson to put a temporary [stay](/wiki/Stay_of_execution "Stay of execution") on her order so they could appeal it. The Justice Department requested a second stay pending an appeal of the ruling, but Judge Jackson rejected that request on December 2, 2019, calling the DOJ's assertion that the Judiciary Committee would not be harmed by a stay "disingenuous". In August 2020, the full US Court of Appeals for the District of Columbia Circuit ruled 7\-2 that the House of Representatives could sue to subpoena McGahn. However, on August 31, 2020, the appeals court ruled 2–1 that Congress had never passed a law empowering the House of Representatives to sue to enforce a subpoena, and that, until such a law exists, the House cannot sue for this purpose and therefore has no mechanism to force McGahn's compliance.

In December 2020, the House Judiciary Committee told the DC Circuit Court of Appeals that it would reissue its subpoena to McGahn in the next Congress. In May 2021, the Committee and the Biden administration reached an undisclosed agreement, which involved the avoidance of arguments in the court which were to take place that month.


What are the specific actions that Donald Trump took during the Russia investigation?