House panel reissues subpoena for ex-WH counsel Don McGahn

The House Judiciary Committee on Monday reissued its subpoena to former White House counsel Don McGahn, saying the longstanding legal dispute over his testimony was “not moot.”

A filing in the Washington-based federal appeals court said that even though the subpoena was originally issued in a prior session of Congress, the committee continues “to seek testimony from McGahn that is relevant to the Committee’s oversight responsibilities and to potential legislative initiatives during the 117th Congress.”

“Accordingly, the parties’ dispute remains live and this case is not moot,” lawyers for the committee wrote.

The fact that House Democrats are continuing to seek to question McGahn underscores the extent to which lawmakers plan to continue their focus on President Donald Trump’s conduct even after he leaves office. The full House moved forward Monday with plans to oust Trump from office by impeaching him a second time.

The subpoena seeks McGahn's testimony on March 17. The full federal appeals court said in October it would once again take up the committee's bid to force McGahn to appear before Congress but scheduled arguments for February. The issue is whether the House has authority under the Constitution or federal law to ask courts to enforce a subpoena against an executive branch official.

A three-judge panel had earlier ruled that the House lacks such authority.

A lawyer for McGahn declined to comment Monday.

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