The Justice Department said that Trump could direct McGahn not to testify, but nothing is stopping McGahn from showing up and testifying.
Read the full Office Of Legal Counsel letter:
The key point:
This is the key point:
Although OLC’s opinion says the President can “direct” McGahn not to testify, it identifies absolutely zero legal basis through which the President could _stop_ McGahn from appearing voluntarily.
If such a basis existed, trust me, OLC would’ve cited it. https://t.co/YyjXvLkziz
— Steve Vladeck (@steve_vladeck) May 20, 2019
If the House Judiciary Committee puts the heat on McGahn, he may voluntarily testify
There is still a House Judiciary Committee hearing scheduled for Tuesday. Instead of hearing from McGahn, the hearing might be a vote to hold the former White House counsel in contempt. Thanks to Trump’s own Justice Department, the contempt vote will not be an empty gesture. McGahn could decide that his only way out of what is going to be a legal mess is to testify.
Since McGahn is no longer an employee of the Executive Branch, there is nothing that Trump could do to stop him from showing up at a Judiciary Committee hearing and offering his testimony.
It is now up to Jerry Nadler and the House Judiciary Committee to convince or compel Don McGahn to show up and testify.
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