A federal appeals court gutted Congress' subpoena power in a massive ruling in Don McGahn's case

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A three-judge appeals court panel ruled that Congress cannot sue to enforce a subpoena before first passing a law authorizing such action.

A federal appeals court ruled on Monday that the House Judiciary Committee does not have the authority to enforce its subpoena to former White House counsel Don McGahn.

"Because the Committee lacks a cause of action to enforce its subpoena, this lawsuit must be dismissed," the 2-1 ruling said."We note that this decision does not preclude Congress from ever enforcing a subpoena in federal court; it simply precludes it from doing so without first enacting a statute authorizing such a suit."

This is the second time the appeals court panel has denied the House Judiciary Committee's request to compel McGahn's testimony.

 

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