Trump impeachment team undercuts DOJ position in McGahn case

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Trump impeachment team undercuts DOJ position in McGahn case
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Trump’s lawyers made an impeachment U-turn today — one that could affect his ongoing legal fight against the House’s oversight investigations

Donald Trump’s lawyers made an impeachment U-turn on Tuesday — one that could have immediate consequences for the president’s ongoing legal fight against the House’s oversight investigations.

“It risks politicizing the court and undermining public confidence in the court,” Mooppan said. “If this court rules on the merits, one way or the other, you can be assured that the opinion that this court issues will be waved on the floor of the Senate by one side or the other as evidence that either the president is guilty or the president is innocent.”

That jarring reversal, in an effort to slap down Democrats’ push to remove Trump from office, could spill into multiple ongoing legal fights between Congress and the White House — including one that could have immediate ramifications on the impeachment trial: the Trump administration’s challenge to a House subpoena seeking testimony from former White House counsel Don McGahn.

During Tuesday’s session, Sekulow harangued Speaker Nancy Pelosi for saying the House should not be “at the mercy of the courts,” arguing that Pelosi’s view dangerously discounts the federal judiciary’s role as outlined in the Constitution. Democrats have defended the decision to refuse to wait for court fights to play out as a response to the urgency of the allegations against Trump: that the president’s alleged solicitation of foreign interference in the 2020 election threatens the integrity of the process and U.S. national security. Waiting for lengthy lawsuits to make their way to the Supreme Court would essentially allow Trump to run out the clock on congressional investigators, they have argued.

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