A federal judge on Monday denied President Trump's bid to quash a House subpoena for years of his financial records from his accounting firm and stayed his order seven days to allow the president's lawyers time to appeal.
The House Judiciary Committee voted earlier this month to hold Attorney General Barr in contempt after he defied a subpoena for an unredacted version of Mueller's report.
Nadler had ordered McGahn to appear before his panel on Tuesday. Acting White House Chief of Staff Mick Mulvaney directed him to not comply because the White House said the information was subject to executive privilege. House Judiciary chairman Jerry Nadler called McGahn a "critical witness to numerous allege instances of obstruction of justice and other misconduct" by the president.
In its legal opinion, the Justice Department believed Congress "could not lawfully exercise any inherent contempt authority against Mr. McGahn for asserting immunity". Laurence Tribe, a constitutional law professor at Harvard, tweeted on Monday: "This WH position can't POSSIBLY be the law when the House is exercising its power to investigate whether the president has committed impeachable offenses".
Earlier this month, McGahn refused to turn over the requested documents after the White House instructed him not to comply with that part of the subpoena. Trump's lawyers accused Democrats of harassing Trump and said the subpoena "has no legitimate legislative goal".
"As you will appreciate, Mr. McGahn, as a former assistant to the president and the most senior attorney for the president in his official capacity, continues to owe certain duties and obligations to the President which he is not free to disregard", Burck wrote in a letter to Nadler this month.
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"The immunity of the President's immediate advisers from compelled congressional testimony on matters related to their official responsibilities has always been recognized and arises from the fundamental workings of the separation of powers", the department's opinion reads.
McGahn was a key witness in Mueller's probe, particularly into his investigation into whether the President obstructed justice.
Matthew Miller, former director of the office of public affairs for the justice department, tweeted: "Just show up and testify, McGahn".
That war, going back to before his election, has included the Obama administration spying on the 2016 Trump campaign, Obama officials submitting apparently fraudulent documents to a court to obtain spy warrants and Obama bureaucrats vowing to "stop" Trump from being elected and implement a back-up plan if the first plan failed.
White House press secretary Sarah Sanders said on Monday that Democrats did not like the conclusions of the Mueller report and wanted "a wasteful and unnecessary do-over".