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BREAKING: Federal judge orders former WH Counsel Don McGahn to testify, shattering the WH’s claims of “absolute immunity.” The long-awaited ruling from Judge Ketanji Brown Jackson hands Democrats a big win and pierces the White House’s long-standing blockade on witness testimony.
JUDGE JACKSON on Trump blocking McGahn from testifying: “the President does not have the power to excuse him or her from taking an action that the law requires. Fifty years of say so within the Executive branch does not change that fundamental truth.”
Judge Jackson says the White House’s argument that close presidential advisers are “absolutely immune” from congressional testimony is “baseless.”

She says the House has “constitutionally vested responsibility” to investigate abuses of power

Full ruling: politico.com/f/?id=0000016e…
Judge Jackson tears into the unitary executive theory that often guides Trump/Barr DOJ opinions:

“Stated simply, the primary takeaway from the past 250 years of recorded American history is that Presidents are not kings.”

politico.com/f/?id=0000016e…
JUST IN: DOJ spox Kerri Kupec says “we will appeal the decision.” —@dsamuelsohn reporting
@dsamuelsohn Our @politico story on Judge Jackson’s ruling & what it all means for the House’s impeachment inquiry, by @dsamuelsohn & @kyledcheney with assists by me & @joshgerstein

politico.com/news/2019/11/2…
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Andrew Desiderio
@AndrewDesiderio
MORE FRIDAY NEWS: House Intel Chairman Adam Schiff just sent this letter to VP Pence asking the admin to declassify Jennifer Williams’ supplemental testimony to impeachment investigators.
A House Intel officials says “declassification of this supplemental testimony will allow the Congress to see further corroborative evidence as it considers articles of impeachment, and provide the public further understanding of the events in question.”
In his letter to Pence, Schiff says Williams’ supplemental testimony is about the VP’s Sept. 18 call with Ukrainian President Volodymyr Zelensky.

Schiff says there’s “no legitimate basis” for this info to be classified.
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Andrew Desiderio
@AndrewDesiderio
INBOX: Judiciary Committee to Hold Hearing to Receive Counsel Presentations of Evidence in the Impeachment Inquiry of President Donald Trump

Monday, 9:00 a.m. EST
Judiciary will “receive presentations” from Dem & GOP lawyers for both Intel *and* Judiciary.

Yet another indication that Mueller/obstruction-related charges are under consideration for articles of impeachment.
Monday’s hearing will begin just hours before the Justice Department releases its long-awaited internal review of the origins of the 2016 Russia investigation.

politico.com/news/2019/12/0…
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Andrew Desiderio
@AndrewDesiderio
PELOSI: “The facts are uncontested. The president abused his power for his own political benefit at the expense of our national security...”
Pelosi says Trump committed “a profound violation of the public trust” and a violation of the Constitution.
“The president leaves us no choice but to act because he is trying to, once again, corrupt the election for his own benefit,” Pelosi says.
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Mona
@Monaheart1229
Breaking: In a 17 pg opinion (⤵️) U.S. District Court Judge Ketanji Brown Jackson today rejected DOJ request to put a long-term stay on her ruling that McGahn testify AND she lifted her earlier stay while waiting for Appeals. #MondayMotivation politico.com/f/?id=0000016e…
2-"“This Court has no doubt that further delay of the Judiciary Committee’s enforcement of its valid subpoena causes grave harm to both the Committee’s investigation and the interests of the public more broadly,” Jackson wrote.
3-"Last week, Jackson decided Trump couldn’t claim “absolute immunity” to prevent his former aides from testifying under oath. But she also later agreed to a 7-day freeze on her opinion to hear out the Justice Department on its arguments for a longer-term hold pending the appeal.
Read 9 tweets
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Jake Tapper
@jaketapper
Judge Ketanji Brown Jackson writes in conclusion: “The United States of America has a government of laws and not of men. The Constitution and federal law set the boundaries of what is acceptable conduct, and for this reason,...
2/“... as explained above, when there is a dispute between the Legislature and the Executive branch over what the law requires about the circumstances under which government officials must act, the Judiciary has the authority, and the responsibility, to decide the issue...
3/“... Executive branch officials are not absolutely immune from compulsory congressional process—no matter how many times the Executive branch has asserted as much over the years.... per the Constitution, no one is above the law...
Read 4 tweets
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Jeremy Herb
@jeremyherb
BREAKING: Federal judge says former White House counsel Don McGahn must testify before House, per @kpolantz

(But the ruling is likely to be appealed)
@kpolantz End of the opinion from Judge Ketanji Brown Jackson
@kpolantz Nadler statement: “Now that the court has ruled, I expect him to follow his legal obligations and promptly appear before the Committee.”
Read 4 tweets
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Kyle Cheney
@kyledcheney
BREAKING: Judge rules MCGAHN must testify to House Judiciary Committee. Details of *120 page* ruling to follow.
Judge says McGahnmay still invoke privilege claims but is not "absolutely immune" from testifying.

Case will surely be appealed and main quesiton is whether a stay is issued.
Judge Ketanji Brown Jackson says Trump admin gets principles of separation of powers "backwards." Absolute immunity argument is "baseless."
Read 10 tweets
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Kyle Cheney
@kyledcheney
BREAKING: The House has withdrawn its subpoena for Bolton aide Charles KUPPERMAN, urging him instead to comply with whatever a judge rules in the case of Don MCGAHN -- which could be any day.
Here's the letter from Schiff et al to Kupperman's attorney, saying they hope he will testify if the judge determines in a related case that McGAHN must also testify.
This is important because it's an acknowledgment that the Kupperman matter would never be resolved in time, but it's also a last-ditch attempt to get Kupperman to comply before it's too late.

The McGahn matter is being weighed by Judge Ketanji Brown Jackson.
Read 3 tweets
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Zoe Tillman
@ZoeTillman
Hello from the DC federal courthouse, where a judge will hear args at 2pm in the fight over whether Dems can force former White House counsel Don McGahn to comply with a subpoena to testify.

Previously on what this has to do with the impeachment inquiry: buzzfeednews.com/article/zoetil…
Dems had subpoenaed McGahn earlier this year to testify about the Mueller report, and the White House took the position that McGahn — along with other current and former senior presidential advisers — is completely immune from being forced to do so by Congress
This argument — that current/former senior presidential advisers can't be forced to testify before Congress — is the same one the Trump administration has asserted in directing various people not to testify in the impeachment inquiry. So the McGahn case takes on new relevance
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