The House Democrats just suffered a massive setback at the hands of the Federal Appeals court.
Adam Schiff was complaining about this very argument the Department of Justice was making in trying to block the subpoena for Don McGhan, former White House counsel.
The DOJ said it was not the court’s job to referee fights between the two branches. Schiff was outraged they would dare make that argument.
They tossed the lawsuit handing Trump a win and making Adam Schiff eat every single one of his ill-formed words mocking Trump’s legal team as they were proven right in the end. And Adam was wrong.
It may go to the supreme court or the House Dems can just put an end to their losing streak and quit while they are ahead.
A federal appeals court Friday dismissed the US House of Representatives’ lawsuit seeking to force former White House counsel Don McGahn to testify, in a major win for the White House in its attempts to block officials from testifying to Congress.
In a 2-1 decision, the US Court of Appeals for the District of Columbia Circuit ruled it wouldn’t police the standoff between the House Judiciary Committee and the White House.
“If federal courts were to swoop in to rescue Congress whenever its constitutional tools failed, it would not just supplement the political process; it would replace that process with one in which unelected judges become the perpetual ‘overseer[s]’ of our elected officials. That is not the role of judges in our democracy, and that is why Article III compels us to dismiss this case,” Judge Thomas Griffith wrote in the opinion.
The case has tested whether the White House could block its current and former officials from speaking to Congress.
However, by ruling that it doesn’t have the authority to handle this case, the court didn’t make a decision on the validity of the White House’s sweeping claim of “absolutely immunity” for its current and former officials.
In a two-to-one ruling, a panel of federal appeals court judges on Friday ordered the dismissal of House Democrats’ case seeking the testimony of Donald McGahn — meaning the former White House counsel would not have to appear before a congressional committee.
The ruling grants a major legal victory to President Donald Trump. The Justice Department, arguing on the president’s behalf, has contended that “the constitution forbids federal courts from resolving this kind of interbranch information dispute.”
“We agree and dismiss this case,” the judges wrote in their 88-page opinion.