Appeals court says Don McGahn doesn't have to testify in major win for White House
Washington (CNN)A federal appeals court Friday dismissed the US House of Representatives' lawsuit seeking to force former White House counsel Don McGahn to testify, in a major win for the White House in its attempts to block officials from testifying to Congress.
In a 2-1 decision, the US Court of Appeals for the District of Columbia Circuit ruled it wouldn't police the standoff between the House Judiciary Committee and the White House.
"If federal courts were to swoop in to rescue Congress whenever its constitutional tools failed, it would not just supplement the political process; it would replace that process with one in which unelected judges become the perpetual 'overseer[s]' of our elected officials. That is not the role of judges in our democracy, and that is why Article III compels us to dismiss this case," Judge Thomas Griffith wrote in the opinion.
The case has tested whether the White House could block its current and former officials from speaking to Congress.
However, by ruling that it doesn't have the authority to handle this case, the court didn't make a decision on the validity of the White House's sweeping claim of "absolutely immunity" for its current and former officials.
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http://www.cnn.com/2020/02/28/politics/mcgahn-testimony-ruling/index.html