The Lawfare Podcast Bonus Edition: The Don McGahn Decision
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 5 March 2020
⏱️ 55 minutes
🧾️ Download transcript
Summary
On Friday afternoon, the DC Circuit Court of Appeals handed down a decision concerning the House of Representatives' efforts to compel Don McGahn, Donald Trump's former White House counsel, to testify about his conduct with respect to the president, the Mueller investigation, presidential obstruction of justice, and other matters. At the president's direction, McGahn has refused show up, citing absolute immunity from congressional subpoenas. In a surprise ruling for a lot of people, the DC Circuit determined that it had no jurisdiction to hear the case because the House lacks standing to bring it. To discuss it all, Benjamin Wittes spoke with Jonathan David Shaub, Lawfare contributor and incoming faculty at the University of Kentucky Law School, and Lawfare senior editors Margaret Taylor and Scott R. Anderson.
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Transcript
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| 0:00.0 | The following podcast contains advertising. |
| 0:04.0 | To access an ad-free version of the LawFair podcast, |
| 0:08.0 | become a material supporter of LawFair at patreon.com slash law fair. |
| 0:14.0 | That's patreon.com slash law fair. |
| 0:18.0 | Also, check out LawFair's other podcast offerings, |
| 0:22.0 | rational security, chatter, law fair no bull, and the aftermath. |
| 0:29.0 | More of these direct conflict cases actually do need to be resolved. |
| 0:37.0 | Now, usually that's in the context of enacted legislation that may not exist here. |
| 0:41.0 | Maybe that's enough for the courts, but I wouldn't be surprised if you may see a little pushback, |
| 0:45.0 | at least narrowing the decision if not reversing it. |
| 0:49.0 | I'm Benjamin Wittis and this is the LawFair podcast special edition March 4th, 2020. |
| 0:57.0 | On Friday afternoon, the DC Circuit Court of Appeals handed down a decision in the case |
| 1:05.0 | over the House of Representatives, Sapena to Don McGahn, |
| 1:09.0 | Donald Trump's former White House Council. |
| 1:13.0 | The case sparked a great deal of controversy, |
| 1:17.0 | controversy that was somewhat overshadowed by the stock market, |
| 1:21.0 | turbulence, and the coronavirus, but we have not forgotten about it. |
| 1:27.0 | The decision concerns the House's efforts to compel Don McGahn to testify |
| 1:33.0 | about his conduct with respect to the President in the Mueller investigation, |
| 1:39.0 | his testimony about presidential obstruction of justice, |
| 1:43.0 | and other matters. |
| 1:45.0 | And at the President's direction has refused to show up citing absolute immunity from congressional Sapenas. |
... |
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