The U.S. Justice Department said Monday that President Donald Trump could block former White House Counsel Donald McGahn from complying with a congressional subpoena demanding his testimony related to Special Counsel Robert Mueller III’s investigation.

The release of the Justice Department Office of Legal Counsel’s 15-page opinion came as the White House for a second time instructed McGahn, now a Jones Day partner, to defy a subpoena issued by the U.S. House Judiciary Committee, escalating a standoff between the Trump administration and Democratic lawmakers. The judiciary committee had subpoenaed McGahn to appear in a Tuesday morning hearing.

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