Opinion | LevinsonJessica: The agreement on fmr. WH counsel McGahn’s testimony means we are likely to be left with more questions than answers. It may be a politically savvy move for both sides, but it is not great for the American public. - MSNBCDaily
The House Judiciary Committee responded by filing a federal suit to force McGahn to comply with the subpoena. The suit. The suit brought up legal questions about whether it was the judiciary’s role to police a dispute between the two political branches, whether Congress needed to pass a law allowing it to file a suit forcing McGahn to testify and whether the president and some members of the executive branch enjoy absolute immunity from a congressional subpoena.
The agreement on McGahn’s testimony means we are likely to be left with more questions than answers. First, it is not clear the parameters of this agreement will shed significant light on the actions that Trump took that are subject to the Mueller report. Second, and perhaps more importantly, the next time Congress subpoenas a member of the executive branch and that member refuses to comply, we won’t know exactly what to do.
There were two better solutions available to Congress. First, it could have let this case play out in the court system and force a close-to-inevitable Supreme Court decision on these important legal issues. Second, it couldand/or to pass a law shifting the burden of suing to the recipient of the subpoena.
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