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A Glimpse of what the rule of law would look like

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A District Court judge has held that Donald McGahn has to comply with a congressional subpoena. The punchline is that it probably won’t matter, since he can count on Republican judges helping him to run out the clock if they don’t directly rule in his favor:

A federal judge on Monday handed a victory to House Democrats in their fight to overcome President Trump’s stonewalling, ruling that the former White House counsel Donald F. McGahn II must testify before impeachment investigators about Mr. Trump’s efforts to obstruct the Mueller investigation.

Judge Ketanji Brown Jackson of the Federal District Court for the District of Columbia rejected the Trump administration’s sweeping claim that top presidential advisers are absolutely immune from being compelled to talk about their official duties — meaning they do not even have to show up in response to a subpoena.

Mr. McGahn is unlikely to appear any time soon because it is virtually certain that the Justice Department will file an appeal and seek a stay of the judge’s ruling. He and his lawyer, William A. Burck, have taken the position that the fight is between Congress and the Trump administration, permitting administration lawyers to handle the case. 

“Don McGahn will comply with Judge Jackson’s decision unless it is stayed pending appeal,” Mr. Burck said in an email. “The DOJ is handling this case, so you will need to ask them whether they intend to seek a stay.”

Unless! Anyway, these stonewalling tactics are crude but that doesn’t mean they won’t work.

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