‘Earth-shattering’ decision: Court rules House cannot enforce subpoena against former White House counsel
Don McGahn speaking at the 2018 Conservative Political Action Conference (CPAC) in National Harbor, Maryland. Photo by Gage Skidmore.

An appeals court ruled the House of Representatives cannot enforce a subpoena against former White House counsel Donald McGahn.


The District of Columbia Circuit Court ruled 2-1 the House cannot enforce the subpoena because there was no law on the books allowing for that, but suggested that Congress could pass such legislation.

The dissenting judge, however, found the House's ability to enforce subpoenas was implied in the Constitution.

The House Judiciary Committee has sought McGahn's testimony since spring 2019 to ask about possible obstruction by President Donald Trump during the special counsel Robert Mueller's investigation.