[20200325]LSB10432_解决分支机构之间的传票纠纷：限制司法角色的潜在影响 .pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Resolving Subpoena Disputes Between the Branches: Potential Impacts of Restricting the Judicial Role March 25, 2020 An en banc panel of the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) is set to consider what could turn out to be one of the circuits more consequential decisions on congressional power. In Committee on the Judiciary v. McGahn, the question before the court is whether the House can invoke the authority of the courts to compel former White House counsel Don McGahn to comply with a House Judiciary Committee subpoena for his testimony. In February, a three-judge panel of the D.C. Circuit determined that the House could not, holding that because the House lacked standing, the court lacked authority to hear the dispute (the reasoning behind that decision is explored in a companion Sidebar). The Judiciary Committee quickly filed its petition for rehearing before an en banc panel of the D.C. Circuit, which was granted last week. The order granting rehearing also vacated the February three-judge panel decision and set oral arguments in the case for Apri