Justice Department lawyers on Monday argued that the House lacks the authority to arrest executive branch officials if they do not comply with congressional subpoenas, saying the Constitution does not explicitly grant lawmakers that power.

In a supplemental brief filed in the U.S. Court of Appeals for the D.C. Circuit’s en banc rehearing of the lawsuit seeking former White House counsel Don McGahn’s testimony, the DOJ lawyers came out against the argument made by House lawyers that not allowing the House to sue over the subpoena would result in more extreme actions, like the arrest of noncompliant officials. McGahn rejoined Jones Day after leaving the White House last year.

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