Monday, November 25, 2019

Don McGahn, pictured in September 2018 — Image captionDon McGahn must testify in the impeachment inquiry, a judge has ruled

by Susan Riddell and Biodun Iginla, BBC News Analysts, Washington

A federal judge has ruled that White House staff can be made to testify before Congress, rejecting the Trump administration's claims of immunity.

The ruling specifically compels former White House counsel Don McGahn to testify in the inquiry into Russian interference in the 2016 US election.

When Congress sent him a subpoena in May, Mr McGahn refused to attend.

A Department of Justice spokesperson told Reuters news agency that they would appeal against the ruling.

Mr McGahn, who left his post in October 2018, was called to appear before the House Judiciary Committee in May to answer questions about the president's attempts to impede the now-concluded Mueller investigation into Russian involvement in the 2016 presidential election.

Months later, the House Judiciary Committee was responsible for filing articles of impeachment against Mr Trump.

Media captionWhat does it take to impeach a president?

The Trump administration has refused to cooperate with the impeachment inquiry and other Democrat-led investigations, directing current and former White House officials to defy subpoenas for testimony and documents.

But in her ruling, US District Judge Ketanji Brown Jackson said that "no one is above the law".

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"Executive branch officials are not absolutely immune from compulsory congressional process - no matter how many times the executive branch ahs asserted as much over the years - even if the president expressly directs such officials' noncompliance," she wrote.

Judge Jackson also explicitly said the president "does not have the power" to stop his aides from responding to subpoenas from Congress - adding that "presidents are not kings".

"No one, not even the head of the Executive branch, is above the law," Judge Jackson said.

But she did say that Mr McGahn could invoke executive privilege "where appropriate", to protect potentially sensitive information.

Judiciary Committee chairman Jerrold Nadler said that he expects Mr McGahn to "follow his legal obligations and promptly appear before the Committee".

Why is Congress investigating Trump?

Monday's ruling could have an effect on who testifies during the current impeachment hearings in Congress.

The US president is accused of withholding US military aid to pressure Ukraine into investigating his domestic political rival.

At the heart of the impeachment inquiry is a phone call on 25 July this year between Mr Trump and Ukraine's newly elected president, Volodymyr Zelensky.

President Donald Trump at a rally on 14 November — Image captionA phone call between Presidents Trump and Zelensky is at the centre of the impeachment inquiry

During the call, Mr Trump urged his counterpart to look into unsubstantiated corruption claims against Democratic White House contender Joe Biden.

Mr Trump's critics say this alleged political pressure on a vulnerable US ally amounted to abuse of power.

What next with the impeachment inquiry?

The Judiciary Committee is expected to begin drafting articles of impeachment - which are the charges of wrongdoing against the president - in early December.

After a vote in the Democratic-controlled House, a trial would be held in the Republican-run Senate.

If Mr Trump was convicted by a two-thirds majority - an outcome deemed highly unlikely - he would become the first US president to be removed from office through impeachment.

The White House and some Republicans want the trial to be limited to two weeks.