Pelosi Statement on Court of Appeals Panel Ruling in McGahn Case

August 31, 2020
Press Release

San Francisco – Speaker Nancy Pelosi released this statement after the U.S. Court of Appeals for the District of Columbia ruled on remand that the House lacked a cause of action in the House Judiciary Committee v. McGahn case.  This is the same three-judge panel that had earlier issued an opinion in the same case finding the House lacked standing, which was reversed by the entire DC Circuit:

“The same three-judge divided D.C. Circuit panel that had wrongly found that the House lacked standing – a ruling reversed by the full D.C. Circuit Court of Appeals – today issued another decision that is wrong as a matter of law.  Its ruling is fundamentally at odds not only with the earlier en banc decision in McGahn, but with Supreme Court precedent.  The panel’s decision seeks to establish, as the dissent notes, ‘a view of Presidential power expressly rejected by the Supreme Court.’

“If allowed to stand, this wrong-headed Court of Appeals panel ruling threatens to strike a grave blow to one of the most fundamental Constitutional roles of the Congress: to conduct oversight on behalf of the American people, including by issuing our lawful and legitimate subpoenas.  The ruling represents a flawed judicial attack on the entire House of Representatives; in the past, both Republicans and Democrats have successfully sought to enforce House subpoenas in court.

“This unprecedented ruling again represents a direct challenge to our Constitution’s system of checks and balances and therefore to our very Democracy, particularly in light of this Administration’s blanket defiance and obstruction of Congress’s constitutional legislative oversight authority.

“The House will immediately pursue an en banc rehearing of this decision.”