Ex-White House lawyer won’t testify after Trump direction
Associated PressWASHINGTON — President Donald Trump directed his former White House Counsel Donald McGahn to defy a congressional subpoena Monday, citing a Justice Department legal opinion that maintains McGahn would have immunity from testifying about his work as a close Trump adviser. The House Judiciary Committee had issued a subpoena to compel McGahn to testify Tuesday, and the committee’s chairman, Rep. Jerrold Nadler, D-N.Y., has threatened to hold McGahn in contempt of Congress if he doesn’t. Still, Burck encouraged the committee to negotiate a compromise with the White House, saying his client “again finds himself facing contradictory instructions from two co-equal branches of government.” McGahn was a key figure in special counsel Robert Mueller’s investigation, describing ways in which the president sought to curtail that federal probe. But in 2014, under the Obama administration, the Justice Department issued an opinion arguing that if Congress could force the president’s closest advisers to testify about matters that happened during their tenure, it would “threaten executive branch confidentiality, which is necessary to ensure that the President can obtain the type of sound and candid advice that is essential to the effective discharge of his constitutional duties.” The House Judiciary Committee voted earlier this month to hold Attorney General Barr in contempt after he defied a subpoena for an unredacted version of Mueller’s report.