Press Releases

Chairman Nadler Statement on D.C. Circuit Ruling on McGahn

Washington, February 28, 2020

Washington, D.C. – Today, House Judiciary Committee Chairman Jerrold Nadler (D-NY) released the following statement regarding the appeals court decision inCommittee on the Judiciary v. McGahn:

"I strongly disagree with today’s split decision. It is fundamentally hostile to reason and precedent, as the dissent recognized. If upheld, it would destroy the power of Congress to gather information and hold this or any future administration accountable.

"In today’s decision, the majority held that the judiciary has no place resolving these types of disputes, which directly contradicts the President. In fact, none other than 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.

"Furthermore, the court in no way endorsed the Trump Administration’s claims of ‘absolute immunity’ for White House advisors like Don McGahn. In fact, two of the three judges on the panel strongly suggested that they would reject this fabricated claim if they were able to reach the merits of the case.

"Now more than ever, the courts cannot abandon their responsibility to resolve legal disputes involving the President. The Judiciary Committee will work in the coming days with House leadership and the Office of the General Counsel to pursue further review and to seek rehearing en banc before the full D.C. Circuit."