[20191203]LSB10373_总统顾问的国会传票：司法委员会诉McGahn案的影响.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Congressional Subpoenas of Presidential Advisers: The Impact of Committee on the Judiciary v. McGahn December 3, 2019 The House of Representatives obtained another judicial victory last week in the continued confrontation with the Trump Administration over the scope of Congresss investigative powers. In Committee on the Judiciary v. McGahn, the U.S. District Court for the District of Columbia (D.C. District Court) held that former White House Counsel Donald McGahn is legally required to appear before the House Judiciary Committee. Though the D.C. District Courts order has been temporarily stayed by the U.S. Court of Appeals for the D.C. Circuit (D.C. Circuit), the lower court ruling is significant in that it squarely rejects the Department of Justices (DOJ) argument that presidential advisors like McGahn enjoy absolute immunity from compelled congressional testimony. Instead, if the district courts ruling goes into effect, McGahn must appear before the committee and invoke specifically applicable privileges where appropriate. The district court opinion joins other recent judicial decisio