An en banc panel of the U.S. Courtroom of Appeals earlier this month ruled Congress had the authority to sue when there are disputes between the 2 political branches, however the judges gave McGahn an opportunity to argue this explicit subpoena was overbroad. A 3-judge panel of the court docket on Monday agreed.
“The en banc court docket held that the Committee on the Judiciary of the Home of Representatives has Article III standing to hunt judicial enforcement of a subpoena issued to [McGahn],” Decide Thomas Griffith wrote in an opinion. “It remanded the case to this three-judge panel to contemplate the remaining points, together with whether or not the Committee has a reason behind motion to implement its subpoena and, if that’s the case, whether or not McGahn should testify regardless of the Govt Department’s assertion of absolute testimonial immunity.
“Now we have no event to deal with the immunity argument as a result of we conclude that the Committee lacks a reason behind motion. Accordingly, the case should be dismissed,” Griffith wrote.
Learn Griffith’s full opinion here.