On Wednesday, the Court of Appeals for the D.C. Circuit issued a one-week stay of a lower court ruling compelling former White House Counsel Don McGahn to comply with a congressional subpoena for his testimony, responding to the Justice Department's appeal.
The court argues the matter must be reviewed because it poses significant questions for constitutional checks and balances.
While the stay is in effect, the court will decide whether to issue a longer-term hold on the ruling. Oral arguments are being expedited, with a hearing scheduled for January 3.
In the lower court decision, issued on Monday, Judge Ketanji Brown Jackson issued a scathing indictment of the Trump administration's defiance of congressional power, saying that "presidents are not kings" and there is no legal basis for a former legal aide being "absolutely immune from compelled congressional testimony."
