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COMMITTEE ON JUDICIARY v. McGAHN

No. 19-5331.

951 F.3d 510 (2020)

COMMITTEE ON the JUDICIARY of the United States House of Representatives, Appellee v. Donald F. MCGAHN, II, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 28, 2020.

Attorney(s) appearing for the Case

Hashim M. Mooppan, Deputy Assistant Attorney General, U.S. Department of Justice, argued the cause for appellant. With him on the briefs were Mark R. Freeman, Michael S. Raab, and Martin Totaro, New York, NY, Attorneys.

Megan Barbero, Associate General Counsel, U.S. House of Representatives, argued the cause for appellee. With her on the briefs were Douglas N. Letter, General Counsel, Todd B. Tatelman, Deputy General Counsel, Josephine Morse, Associate General Counsel, Adam A. Grogg and William E. Havemann, Assistant General Counsel, Jonathan B. Schwartz, Attorney, Washington, DC, and Annie L. Owens.

Steven A. Hirsch, Justin Florence, Jamila G. Benkato, and Cameron O. Kistler were on the brief for amici curiae Republican Legal Experts, et al. in support of plaintiff-appellee.

Dissenting opinion filed by Circuit Judge Rogers.

The Committee on the Judiciary of the House of Representatives ordered the former White House Counsel, Donald F. McGahn, II, to testify before the Committee. President Donald Trump instructed McGahn to refuse, asserting that certain presidential advisers possess "absolute testimonial immunity" from compelled congressional...

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