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COMMITTEE ON JUDICIARY OF U.S. HOUSE v. MCGAHN

No. 19-5331.

968 F.3d 755 (2020)

COMMITTEE ON the JUDICIARY OF the UNITED STATES HOUSE OF REPRESENTATIVES, Appellee v. Donald F. MCGAHN, II, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided August 7, 2020.

Attorney(s) appearing for the Case

Hashim M. Mooppan , Deputy Assistant Attorney General, U.S. Department of Justice, argued the cause for appellant. With him on the brief were Mark R. Freeman and Michael S. Raab , Attorneys.

Douglas N. Letter , General Counsel, Washington, DC, and Megan Barbero , Deputy General Counsel, U.S. House of Representatives, argued the cause for appellee. With them on the brief were Todd B. Tatelman , Principal Deputy General Counsel, Washington, DC, Josephine Morse , Deputy General Counsel, Adam A. Grogg and William E. Havemann , Associate General Counsel, Jonathan B. Schwartz , Attorney, Washington, DC, Annie L. Owens , Joshua A. Geltzer , and Matthew S. Hellman , Washington, DC.

Elizabeth B. Wydra , San Francisco, CA, Brianne J. Gorod , and Ashwin P. Phatak were on the brief for amici curiae Former Department of Justice Officials in support of appellee.

Irvin B. Nathan , John A. Freedman , Andrew T. Tutt , Washington, DC, and Samuel F. Callahan were on the brief for amici curiae Former Members of Congress in support of appellee.

Andrew D. Herman , Washington, DC, was on the brief for amici curiae the Lugar Center and the Levin Center at Wayne Law in support of appellee.

Dwayne D. Sam and David Bookbinder , Washington, DC, were on the brief for amicus curiae Niskanen Center in support of appellee.

Kelsi Brown Corkran , Washington, DC, Benjamin F. Aiken , and Sarah H. Sloan were on the brief for amici curiae Professors Jonathan R. Nash, et al. in support of appellee.

Michael J. Miarmi , New York, NY, and Rhea Ghosh were on the brief for amici curiae Nixon Impeachment Scholars in support of appellee.

Katharine M. Mapes , Washington, DC, was on the brief for amicus curiae Morton Rosenberg in support of appellee.

Lawrence S. Robbins , Washington, DC, D. Hunter Smith , and Megan Browder were on the brief for amici curiae Former General Counsels of the U.S. House of Representatives in support of appellee.

Dissenting opinion by Circuit Judge Griffith.

The question before the en banc court is whether the Committee on the Judiciary of the House of Representatives has standing under Article III of the Constitution to seek judicial enforcement of its duly issued subpoena. Upon applying the principles of Article III standing, we hold that it does.

The Constitution...

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