The US House wrote to federal appellate judges this afternoon that it still seeks former White House counsel Don McGahn’s testimony in court because of the recent impeachment and the upcoming Senate trial — and that the investigation into whether President Trump obstructed justice continues and could result in more articles of impeachment if McGahn testifies.
McGahn has refused to testify to the House Judiciary Committee since April about what he witnessed Trump say and do regarding the Russia investigation. Mueller reported that McGahn spoke to prosecutors and the FBI several times about Trump’s direction to fire special counsel Robert Mueller, among other things.
“For example, if McGahn confirms to the Committee that the President ordered him to fire Special Counsel Mueller — an event that President Trump has publicly disputed — and then tried to cover it up, that testimony would constitute powerful evidence of the pattern of obstructive behavior described in the second Article,” the House wrote in the new court filing.
Separately, the House wrote, “If McGahn’s testimony produces new evidence supporting the conclusion that President Trump committed impeachable offenses that are not covered by the Articles approved by the House, the Committee will proceed accordingly — including, if necessary, by considering whether to recommend new articles of impeachment.”
Politically, the possibility for more articles of impeachment against Trump seems unlikely at this time. But in court, the House has argued to keep the McGahn case alive so it can keep its investigative options open and gather more information during the Senate trial.
The House added that its Judiciary Committee is even considering legislation that could change how the White House and Justice Department interact regarding civil and criminal matters. The committee is also considering placing reporting requirements on “foreign offers of assistance,” according to the filing.
Today’s filing comes after the DC’s Circuit panel asked both the House and Justice Department to respond to recent developments in impeachment, before they court hears the McGahn case on Jan. 3. The Justice Department filed its written arguments just after midnight earlier today.
The administration lost the case before the lower court.
Both DOJ and the House have said today they don’t believe the impeachment of the President last week makes the McGahn case moot. But the Justice Department still wants the case thrown out by the appeals court, which would allow the administration to continue blocking House subpoenas because of what it calls the White House’s “absolute immunity.”