Remember that McGahn’s potential testimony primarily relates to the obstruction of justice documented in the Mueller report.
Mueller was bound by a DOJ policy that prevented him from charging the president with that crime, and considered himself obliged for fairness’ sake to not even publicly conclude it was committed—although he could have concluded it wasn’t, and he didn’t do that.
Specifically, Mueller wrote “fairness concerns counseled against potentially reaching that judgment when no charges can be brought.” He thought accusing the president would preempt “constitutional processes for addressing presidential misconduct”—i.e., impeachment.
Now the DC Circuit has decided that the courts cannot assist a House Committee pursuing those constitutional processes for addressing presidential misconduct. That takes DOJ and the judicial branch—the two most potent actors in the Watergate crisis—off the board.
Congress must shut down the government until the White House cries uncle, block nominations (if the senate is game for it), or revive its inherent contempt power, if it wants to gather facts about presidential misconduct going forward. That’s a recipe for greater chaos.
