Judge Griffith of the DC at yesterday's McGahn oral argument to DOJ counsel: "Has there ever been an instance of such broad-scale defiance of a congressional request for information in the history of the Republic? Has there been anything like this?"
"An instruction has been given from the President of the United States not to cooperate in any form or fashion with an inquiry. Has that ever happened before? Not directed to one individual ... but everyone from the administration. Has that ever happened before?"
Bottom line, after listening to this argument, if the administration prevails in this case, it will prevail on standing. No chance DOJ prevails on the merits.
But I think it has a plausible chance of prevailing on standing grounds.
