House Notes Contradictory Positions of Trump Impeachment and Litigation Claims

Jacob Schulz
Friday, January 24, 2020, 3:28 PM

Published by The Lawfare Institute
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The House submitted new filings to the U.S. Circuit Court for the District of Columbia in both the Mueller grand jury 6(e) material case and the case about the testimony of former White House Counsel Don McGahn. In the filing for the McGahn case, the House noted while Trump's impeachment defense team has "criticized the House for 'not seek[ing] to enforce' and 'subpoenas in court,'" the government has argued in the McGahn case that House Committees cannot ask the court to enforce subpoenas issued to the executive branch. The House makes a similar argument in the 6(e) filing. The filings for both cases, along with the Department of Justice's reply in the McGahn case can be found below.


Jacob Schulz is a law student at the University of Chicago Law School. He was previously the Managing Editor of Lawfare and a legal intern with the National Security Division in the U.S. Department of Justice. All views are his own.

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