White House tells Congress that if it wants documents from former counsel Donald McGahn, it must seek White House approval
By Rachael Bade Rachael Bade Congressional reporter Email Bio Follow May 7 at 11:50 AM The White House on Tuesday invoked executive privilege to bar former White House counsel Donald McGahn from complying with a congressional subpoena to provide documents to Congress related to special counsel Robert S. Mueller III’s investigation.
“The White House provided these records to Mr. McGahn in connection with its cooperation with the special counsel’s investigation and with the clear understanding that the records remain subject to the control of the White House for all purposes,” he wrote. “The White House records remain legally protected from disclosure under long-standing constitutional principles, because they implicate significant executive branch confidentiality interests and executive privilege.
McGahn emerged as a star witness in the Mueller report, a senior confidante who documented in real-time Trump’s rage against the Russia investigation and efforts to shut it down. Democrats were hoping to sit him in the witness chair to tell his story on national television. Many lawyers seeped in House procedures and rules, however, do not believe such a claim would hold up in court. They argued the White House cannot waive privilege for some circumstances but not in others.
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