CSPAN3 DC Circuit Oral Argument On Don McGahn Congressional Testimony July 13, 2024
May it please the court. The House Judiciary Committee seeks to assert an implied cause of action to enforce the subpoena to compel mr. Mcgahn to testify regarding his duties as white House Counsel over the objection of the president of the United States. This interbridge dispute over institutional prerogatives bears no resemblance to be controversies under article 3 and moreover, while congress has purported to authorize senate commutes to enforce certain subpoenas against nonfederal officials, congress itself has expressly carved out the authority of the senate to enforce subpoenas against f...