Ex-White House Counsel Don McGahn Defies House Subpoena After Trump Claims Immunity

Former White House Counsel Don McGahn defied a congressional subpoena Tuesday by declining to testify before the House Judiciary Committee at the direction of the White House.

The hearing room chair reserved for McGahn sat empty behind microphones, as committee chairman Jerrold Nadler of New York began the scheduled hearing.

“This conduct is not remotely acceptable,” said Nadler, referring to the White House’s instruction to McGahn not to appear. “Let me be clear: this committee will hear Mr. McGahn’s testimony, even if we have to go to court to secure it."

Nadler had warned in a letter to McGahn late Monday night, “The committee has made clear that you risk serious consequences if you do not appear tomorrow.” Nadler was expected to spell out what those consequences could be later in the hearing. The committee could hold McGahn in contempt.

Democrats have said they need to hear from McGahn to learn more about several incidents Special Counsel Robert Mueller investigated to determine whether Trump had tried to obstruct justice. The direction to McGahn from White House Counsel Pat Cipollone to ignore the subpoena angered Democrats, leading several to issue calls to begin impeachment proceedings.

“Congress has a responsibility to conduct oversight and get the information we need to deliver the truth to the American public regarding Russia’s interference in our elections,” Democrat Mark Pocan, who leads the Congressional Progressive Caucus, said Tuesday in a statement. “Stonewalling Congress on witnesses and the unredacted Mueller report only enhances the president’s appearance of guilt, and as a result, he has pushed Congress to a point where we must start an impeachment inquiry.”

Previously, McGahn had defied a Judiciary Committee subpoena for documents after the White House invoked executive privilege, missing a May 7 deadline to comply with the records request.

As a private citizen, McGahn could have chosen to voluntarily appear at Tuesday’s hearing.

On Monday, Judiciary Committee member David Cicilline of Rhode Island -- who leads the House Democratic Caucus’s political messaging arm -- said in an interview that if McGahn did not show up, Democrats should begin an impeachment inquiry against Trump.

"If Don McGahn does not appear tomorrow, this will become the third instance the White House has impeded and obstructed our ability to do our work," said Cicilline. He noted that along with McGahn’s previous refusal to produce documents that Attorney General William Barr also defied a subpoena to turn over an unredacted version of Mueller’s Russia report.

The Judiciary Committee later voted to hold Barr in contempt, but has not yet advanced that resolution to the floor for a full House vote.

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