Activist Judge Says McGahn Must Testify – But He Appeals

A federal judge ruled late Monday that former White House counsel Don McGahn must obey a subpoena for his testimony issued by the House Judiciary Committee.

Federal District Court Judge Ketanji Brown Jackson said McGahn must appear before Congress but retains the ability to “invoke executive privilege where appropriate” during his appearance.

Conservatives, such as radio talks show host, Mark Levin, blasted Judge Jackson as “…a radical leftist.” On his broadcast following the ruling, Levin said this is truly outrageous.” The host of “Life, Liberty & Levin” called the judge, who was appointed by former President Obama, a “disgrace” and noted the significance of the ruling.

“Now, this is what you need to understand, a president must be able to have legal advice. Must be able to have legal advice without Congress interfering,” Levin said.

“If a president can’t turn to a lawyer for legal advice, then it’s a disaster,” Levin added, saying the ruling would be appealed.

About the appeal, he was absolutely right. CNN is reporting that McGahn is appealing Monday night’s ruling that he must testify to House impeachment investigators. As expected, McGahn and the Justice Department also asked Judge Jackson to order that he not be forced to testify while the appeal plays out.

The moves, coming 14 hours after Jackson’s decisive decision in favor of House Democrats, show that the Trump administration will fight aggressively to hold off McGahn’s testimony — and potentially others’ whom they say are entitled to executive privilege.

Even if Jackson refuses to grant a stay, the House has agreed to give the administration a seven-day delay so it can appeal the ruling to the US Court of Appeals for the District of Columbia Circuit.