Lawyers for the House Judiciary Committee have asked the U.S. Court of Appeals for the D.C. Circuit to rehear its case seeking testimony from former White House counsel Donald McGahn, arguing the opinion issued in the case last week “compels the attention of the full Court.”
“The panel decision conflicts with D.C. Circuit precedent, prevents the House from carrying out its function as a check on the power of the Executive, and undermines Congress’s authority to fulfill its Article I responsibilities,” the brief, filed Friday, argues. “Present circumstances—in which the President has announced broadscale defiance of Congress’s oversight power— underscore how dramatically this ruling could upset the constitutional balance of powers.”
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