COMMITTEE ON JUDICIARY OF US HOUSE v. MCGAHN

No. 19-5331.

973 F.3d 121 (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 31, 2020.


Attorney(s) appearing for the Case

Hashim M. Mooppan , Deputy Assistant Attorney General, U.S. Department of Justice, and Mark R. Freeman , Michael S. Raab , and Martin Totaro , New York, NY, Attorneys, were on the briefs for appellant.

Douglas N. Letter , General Counsel, U.S. House of Representatives, Todd B. Tatelman , Deputy General Counsel, Megan Barbero and Josephine Morse , Associate General Counsel, Adam A. Grogg and William E. Havemann , Assistant General Counsel, Jonathan B. Schwartz , Attorney, and Annie L. Owens were on the brief for appellee.

Steven A. Hirsch , Justin Florence, Jamila G. Benkato , and Cameron O. Kistler were on the brief for amici curiae Republican Legal Experts, et al. in support of plaintiff-appellee.

Dissenting opinion filed by Circuit Judge Rogers.


In Committee on the Judiciary v. McGahn, 968 F.3d 755 (Aug. 7, 2020), the en banc court held that the Committee on the Judiciary of the House of Representatives has Article III standing to seek judicial enforcement of a subpoena issued to former White House Counsel Donald...

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