What better way to ensure we don’t hear from McGahn this week than by subpoenaing a witness who’s categorically immune from testifying? Thankfully, McGahn’s testimony is in Vol 2 of the #MuellerReport, 99.9% of which is available to the chairman, should he ever choose to read it.
— Rep. Doug Collins (@RepDougCollins) May 20, 2019
FoxNews.com reports that
President Trump has directed former White House Counsel Don McGahn to skip a House Judiciary Committee hearing scheduled for Tuesday, citing a Justice Department opinion that he cannot be compelled to testify about his official duties.
In a statement released Monday afternoon, White House Press Secretary Sarah Sanders blasted Democrats for continuing to pursue Trump investigations, saying they want a “wasteful and unnecessary do-over” in the wake of Special Counsel Robert Mueller’s probe — and describing the subpoena for McGahn as part of that.
“The House Judiciary Committee has issued a subpoena to try and force Mr. McGahn to testify again. The Department of Justice has provided a legal opinion stating that, based on long-standing, bipartisan, and Constitutional precedent, the former Counsel to the President cannot be forced to give such testimony, and Mr. McGahn has been directed to act accordingly,” Sanders said. “This action has been taken in order to ensure that future Presidents can effectively execute the responsibilities of the Office of the Presidency.”
The related DOJ memo said McGahn, like other senior advisers to a president, has “immunity” from being compelled to testify about his official duties.
“This immunity applies to the former White House Counsel. Accordingly, Mr. McGahn is not legally required to appear and testify about matters related to his official duties as Counsel to the President,” the memo said.
The New York Times first reported that the president would likely direct McGahn to skip the hearing.
The move could set the stage for the panel to vote to hold the former White House counsel in contempt for defying a congressionally issued subpoena. Fox News is told the committee still intends to meet on Tuesday, whether or not McGahn is present.
The committee announced the hearing last week, but it was unclear whether McGahn would appear due to the ongoing battle between congressional Democrats and the White House over his testimony.
Earlier this month, Sanders said she did not “anticipate” that a hearing would take place. “We consider this to be a case closed and we’re moving forward to do the work of the American people,” Sanders said on ABC News’ “The Investigation” podcast.
The committee, led by Chairman Jerrold Nadler, D-N.Y., subpoenaed McGahn on April 22, days after the release of Special Counsel Robert Mueller’s report, which featured McGahn prominently in its section related to the obstruction of justice inquiry. This included a claim that McGahn disobeyed Trump’s call to have him seek Mueller’s removal.
“On June 17, 2017, the president called [White House Counsel Don] McGahn at home and directed him to call the Acting Attorney General and say that the Special Counsel had conflicts of interest and must be removed. McGahn did not carry out the direction, however, deciding that he would resign rather than trigger what he regarded as a potential Saturday Night Massacre,” the report stated, referencing the Watergate scandal.
The report also revealed that when the media reported on the president’s request, the president directed White House officials “to tell McGahn to dispute the story and create a record stating he had not been ordered to have the special counsel removed.” He did not.
The House committee’s subpoena, coming amid a fight over access to the unredacted Mueller report, called for McGahn to appear before the panel to testify and provide documents related to the Mueller investigation.
But earlier this month, now-White House Counsel Pat Cipollone first notified the committee that McGahn would not be allowed to comply with the subpoena, saying requests for documents and materials must go to the White House.
“The White House provided these records to Mr. McGahn in connection with its cooperation with the Special Counsel’s investigation and with the clear understanding that the records remain subject to the control of the White House for all purposes,” Cipollone wrote. “The White House records remain legally protected from disclosure under longstanding constitutional principles, because they implicate significant Executive Branch confidentiality interests and executive privilege.”
He added: “Because Mr. McGahn does not have the legal right to disclose these documents to third parties, I would ask the Committee to direct any request for such records to the White House, the appropriate legal custodian.”
Cipollone wrote that acting chief of staff Mick Mulvaney “has directed Mr. McGahn not to produce these White House records,” adding that the Justice Department concurs with their legal position.
But Nadler has stressed the importance of McGahn’s testimony, saying it would “help shed further light on the president’s attacks on the rule of law, and his attempts to cover up those actions by lying to the American people and requesting others to do the same.”
Trump, though, said he never told McGahn to fire Mueller, and tweeted last month that if he “wanted to fire Mueller, I didn’t need McGahn to do it, I could have done it myself.”
I am quite positive that he would have.
Nadler refuses to end his vendetta against Donald J. Trump.
Nadler and the rest of the House Democrats are not the Head of the three branches of our Constitutional Republic.
The House of Representatives was established by our Founding Fathers to be like the British House of Commons, that is, the LOWER House of Congress with the Senate being patterned after the House of Lords, or, the UPPER House.
The president does not answer to Congress. He can act on his own accord concerning matters of national security and foreign policy. And, the Judicial Branch has the ability to overturn legislation passed by Congress.
In their horrible grief over the disappointing outcomes of both the 2016 President Election and the Special Counsel’s Investigation, the Democratic Party, as evidenced by the Judicial Committees in both Houses of Congress, has been experiencing a psychotic break for quite a while now.
They cannot and will not except the reality in front of them.
Nadler and company can subpoena Former White House Counsel Don McGahn, Attorney General William Barr, and even Trump’s children and grandchildren, but as they finding out the hard way, it will all be for naught.
They can all tell Congress to “talk to the hand”, just as Obama’s Attorney General Eric Holder told Congress over the “Operation Fast and Furious” gun-running scandal.
The reason being, per The Washington Post, Trump, just like Obama, can invoke executive privilege.
According to the writer of the opinion piece, Michael W. McConnell,
…the House should recognize that the executive is an equal branch of government with constitutional privileges of its own. For a president to assert the rights of his office, as almost every president has done, is neither blameworthy nor impeachable.
The House Democrats need to stop their Impeachment/Not Impeachment Kangaroo Court before the America Public gets hopping mad.
Attorney General Barr and Asst. Director of the DOJ Rosenstein thoroughly reviewed the Mueller Report and determined that there was no collusion and no obstruction of justice.
However, that is not good enough for the Democrats.
Make no mistake about this, gentle readers, they are not still asking for the release of the full report because they care about the cause of justice or the wellbeing of American Citizens.
Just as it was in the case of their support for Special Counsel Mueller and his team of Investigators comprised of 19 Democratic Donors, the Democrats want to obstruct, delay, and derail President Trump from his mission to fulfill the Campaign Promises which he made to Americans.
Also, just as I have been writing concerning the Mueller Investigation for the last two plus years, the REAL story remains the corruption of the Obama Administration. Specifically, all of the malfeasance of Former Secretary of State Hillary Clinton, including E-mailgate, the Clinton Foundation Pay-for-Pay Scandal, Uranium One, and the Benghazi Massacre.
For the Democrats in the House of Representatives to perpetuate a false narrative through the arduous and interminable schedule of “Investigative Hearings” which they are attempting to carry out with vengeful glee, they have willingly participating in an exercise in futility which will do nothing but deepen the hole which they have already dug for themselves with average Americans even deeper.
As I have repeatedly warned, by concentrating their energies and the taxpayers’ time and money on their vendetta against the 45th President, instead of actually bringing up legislation that would help average Americans, they are not only liable to lose their phony boloney jobs in Washington, they will once again (at least) be denied the Presidency, as well.
However, thinking about it, their hate for Trump and us “Deplorables” is all they have.
The President and the American Citizens who voted for him, stand in the way of their goal to bring Marxism in the form of “Democratic Socialism” to “The Shining City Upon a Hill”, subsequently turning America into a Third World Barrio.
Hopefully, the Far Left Democrats and their “New Bolsheviks” will eventually figure out that average Americans still do not want what they are offering.
If we did, we would be suffering under the thumb of President Hillary Clinton.
And, since there was NO RUSSIAN COLLUSION by President Trump or his Campaign Staff, it means that Americans were the ones who stopped Hillary Clinton from becoming President.
Perhaps the Democrats should stop their tantrum long enough to reflect on that for a while.
Until He Comes,