On Monday's edition of CNN's "OutFront," former U.S. Attorney and FBI official Greg Brower said that President Donald Trump will face long odds if he appeals his court loss on whether to block former White House Counsel Don McGahn's testimony.
"How significant is this judge's ruling?" asked anchor Erin Burnett.
"Well, it is just a district court judge's ruling, Erin, but make no mistake about it, because she didn't find this to be a close call at all," said Brower. "She said in her ruling what most lawyers believed at the outset, and that is there is no absolute immunity of the type that DOJ was arguing here on behalf of Mr. McGahn. It wasn't a close call in her opinion. She described DOJ's arguments as baseless. And so there likely will be an appeal, apparently DOJ has indicated it will appeal. I don't think most observers think there's much of a chance of a successful appeal in response to this decision."
"And — meaning — I'm sorry, meaning what? You think this decision will hold or be overruled?" asked Burnett.
"No, I think this decision will hold," said Brower. "It's a 120-page opinion. It seems to be very, very solidly reasoned. As I said, the judge, at least this judge, thought DOJ's arguments were baseless. I just don't think there's a good chance, or much of a chance, that an appellate court will overrule it."
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