Former White House counsel Don McGahn will not appear Tuesday before the House Judiciary Committee, his lawyers said in a letter Monday, defying the committee’s subpoena.
Why this matters: It’s a move that appears to set the stage for another contempt vote to retaliate against the Trump administration for rejecting the demands of Congress, as committee Chairman Jerry Nadler threatened late Monday to do whatever was necessary to make McGahn appear before his panel, which convenes Tuesday at 10 a.m. ET.
“As with the subpoena for documents, Mr. McGahn again finds himself facing contradictory instructions from two co-equal branches of government,” McGahn’s attorney William A. Burck said in a letter to Nadler. He added later, “Under these circumstances, and also conscious of the duties he, as an attorney, owes to his former client, Mr. McGahn must decline to appear at the hearing tomorrow.”
Hours later, in a letter sent Monday night, Nadler warned McGahn that the committee would use “all enforcement mechanisms at its disposal” to compel his testimony.