Democrats Should Never Have Pinned Their Hopes on Don McGahn

On Tuesday, yet another deadline for someone in Trump’s orbit to respond to a congressional subpoena came and went with noncompliance. In declining to turn over the documents, McGahn’s lawyer cited a letter from his successor, Pat Cipollone, which said that the records in question can’t be turned over because they “remain legally protected from disclosure under longstanding constitutional principles, because they implicate significant Executive Branch confidentiality interests and executive privilege.” President Donald Trump has not asserted executive privilege to keep those documents uncovered—a case he might lose in court if he were to make it—but McGahn still used the White House’s wishes as an excuse not to obey the subpoena. Mueller was not removed.” The Washington Post also reported at the time that McGahn was showing no eagerness to publicly implicate the president: “He’s not eager to testify. “He doesn’t want to be in contempt of Congress; nor does he want to be in contempt of his ethical obligations and legal obligations as a former White House official.” Essentially, McGahn appears to be trying to avoid politically hurting the president more than he already has. The previous White House, for one, argued that Obama’s officials are “immune from congressional compulsion to testify on matters relating to official duties.” Trump might make this case to keep McGahn from talking about anything, including the portions of his testimony where privilege has seemed to be waived.