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Probe with an outstanding subpoena. the justice department argued and chief justice agreed that access to special counsel robert muellers grand jury material and the enforcement ofy a subpoena from formerr white house counsel don mcgahn are separate issues pier the grand jury material involves criminal procedure, and the don mcgahn subpoena is a civil enforcement issue.em that means the don mcgahn case has randomly been assigned to another federal judge, and another indicator that the court acti...