The McGahn Decision and Proxy Voting
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 11 August 2020
⏱️ 53 minutes
🧾️ Download transcript
Summary
Last week, the DC Circuit Court of Appeals in Washington handed down a major en banc decision on the question of whether the president's former White House Counsel, Don McGahn, even needs to show up in response to a congressional subpoena, or whether he has absolute immunity from testifying before Congress. A strong seven judge majority of the DC Circuit overturned a panel opinion that had held that a congressional committee had no standing to sue to enforce its subpoena. The full DC Circuit ruled that yes, it does have standing. In a separate case, a lower court ruled on an internecine dispute within the House of Representatives over proxy voting instituted by speaker Nancy Pelosi in response to the COVID-19 crisis. The court ruled that Republicans could not challenge the proxy voting rule because of the Speech and Debate Clause. Benjamin Wittes spoke with Lawfare senior editors Margaret Taylor and Scott Anderson about what this all means for congressional oversight, whether these opinions will stand up on further review and what will happen next.
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Transcript
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| 0:00.0 | The following podcast contains advertising to access an ad-free version of the LawFair |
| 0:07.2 | podcast become a material supporter of LawFair at patreon.com slash LawFair. |
| 0:14.7 | That's patreon.com slash LawFair. |
| 0:18.2 | Also, check out LawFair's other podcast offerings, rational security, chatter, LawFair |
| 0:25.6 | no bull and the aftermath. |
| 0:33.9 | Our courts going to resolve disputes between the executive and the legislative branch. |
| 0:38.5 | Our courts going to involve themselves in the internal rulemaking processes of Congress. |
| 0:46.0 | I'm Benjamin Widis and this is the LawFair podcast August 11, 2020. |
| 0:52.7 | Last week, the DC Circuit Court of Appeals in Washington handed down a major unbanked |
| 0:59.2 | decision in the case of Don McGann. |
| 1:02.8 | You remember that case? |
| 1:04.6 | It's the question of whether the president's former White House counsel even needs to |
| 1:09.9 | show up in response to a congressional subpoena or whether he has absolute immunity from |
| 1:16.3 | testifying before Congress. |
| 1:19.0 | A strong seven judge majority of the DC Circuit overturned a panel opinion that had held |
| 1:26.4 | that a congressional committee had no standing to sue to enforce its subpoena. |
| 1:32.2 | Yes, the full DC Circuit ruled it does have standing. |
| 1:37.9 | In a separate case, a lower court ruled on an inter-nessing dispute within the House |
| 1:44.0 | of Representatives over proxy voting instituted by Speaker Nancy Pelosi in response to the |
| 1:51.6 | COVID crisis. |
| 1:53.3 | The court ruled that Republicans could not challenge the proxy voting rule because of the |
| 1:58.9 | speech and debate clause, joining me to talk over the action in federal courts. |
... |
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