Biden administration starts negotiating Don McGahn’s testimony to House, says new lawsuit

Biden administration starts negotiating Don McGahn’s testimony to House, says new lawsuit

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McGahn has been postponing the testimony for nearly two years – with the Trump era Justice Department defending him – while the House Judiciary Committee sought and failed to force him to appear under a subpoena in an investigation of Trump’s attempts to obstruct Russia investigation following the final report by Special Lawyer Robert Mueller documenting the obstruction.

But the change in presidential administrations appears to be melting the stalemate between branches of government.

The change in tone at McGahn on Wednesday is one of the most significant signs of change so far in how the executive branch under President Joe Biden can handle Trump’s years-long refusal to cooperate with Congressional investigations. The Trump administration prevented the sharing of information from the executive branch that was enacted by the Democratic-led House, and prevented administration witnesses from testifying against the then president.

The Justice Department first indicated the change in a new lawsuit on Wednesday night. In a court response about an hour later, the House Judiciary Committee also acknowledged the negotiations.

Trump and McGahn’s private lawyers have yet to speak out in court.

Still, the House, in its lawsuit, said that both McGahn and Trump can take part in negotiations on the testimony of Trump’s former lawyer at the White House. This could lead to further impasses, the Chamber told the DC Circuit Court of Appeals.

“As the Biden government must coordinate with McGahn, the recipient of the subpoena and a previous government official, discussions on the deal promise to be complex. It is to be expected that the Biden government will also consult with former President Trump on the possibility of a agreement, “the House wrote in a lawsuit to the appeals court. “This consultation will further complicate discussions and it seems likely that no global agreement will be reached.”

Judicial discussion soon

The DC Circuit Court of Appeals is due to hear arguments next week about the House’s ability to enforce McGahn’s subpoena in court.

But the Justice Department, which represents McGahn because of his role as a former government official, is calling for these discussions to be postponed for at least a month and a half.

“The new administration wants to explore whether accommodation may be available in connection with the Committee’s request,” Justice Department lawyers wrote in the lawsuit to the appeals court. “Discussions between the relevant parties have started, and the new management believes that the parties would benefit from more time to proceed with these discussions. … It is in the interest of all involved to allow sufficient time and opportunity for the Branches to seek an agreement in that case.”

The Chamber disagrees and wants the court to stick to its schedule and make a decision on the powers of the other government powers.

“Given this history and the already long delays that prevented the Committee from obtaining McGahn’s testimony, further delays in this case would be inappropriate,” added the Chamber in its filing. “We appreciate the efforts of the Biden government to resolve this case and we have actively participated in those efforts. But we do not believe that postponing the discussion will improve the prospect of an agreement or serve the interests of judicial efficiency or justice for the parties. “

The McGahn case became the first of several major legal battles between Trump and House Democrats during his investigations in the final two years of his presidency. As the case dragged through the judicial system, he kept alive a Congressional inquiry into Trump for obstruction, as well as testing important questions about the role of the judiciary and the balance of power between the three branches of government.

The McGahn case was initially decided by a trial judge who wrote, “Presidents are not kings” and determined that McGahn must testify under subpoena. But the case then went through several rounds on the DC Circuit, while the court considered questions about whether the House could sue, delaying the deposition.
Several cases in which the Justice Department defended Trump’s political approach are still pending in court. This is now up to the Biden government to decide how to proceed. The cases include a dispute over the release of Trump’s tax returns to Congress.

This story has been updated with further developments.

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