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.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]