Pelosi Statement on McGahn Ruling

February 28, 2020
Press Release

Washington, D.C. – Speaker Nancy Pelosi issued this statement after the U.S. Court of Appeals for the District of Columbia ruled to vacate the District Court ruling requiring former White House Counsel Don McGahn to comply with the House’s subpoena to testify before Congress: 

“Today’s split Court of Appeals ruling in the McGahn case does not contradict what the Courts have continued to rule: that the President’s claims of ‘absolute immunity’ from Congress’s subpoenas are false.

“The Court of Appeals’ claim that ‘Article III of the Constitution forbids federal courts from resolving this kind of interbranch information dispute’ is contrary to reason and precedent, as was recognized by the dissent.  Even President Trump’s own lawyers told the American people over and over again during the impeachment trial that the House should have gone to court to enforce its subpoenas – while at the same time arguing the exact opposite in the courtroom.  

“The House will now pursue an en banc rehearing of this decision.  We will continue to honor our responsibility to exercise our constitutional authority to conduct oversight on behalf of the American people, including by issuing our lawful and legitimate subpoenas.”