Nadler Threatens McGahn With “Serious Consequences” If He Does Not Testify Tomorrow Morning

Jerry Nadler

House Judiciary Chairman Jerry Nadler threatened former White House Counsel Don McGahn Monday evening in a 3-page letter saying he is prepared to use “all enforcement mechanisms.”

The White House on Monday blocked former White House counsel Don McGahn from testifying about obstruction of justice events related to the Mueller investigation.

Nadler fumed Monday after the Justice Department smacked him down in an 8-page memorandum explaining why Don McGahn has immunity from testifying to Congress.

“Congress may not constitutionally compel the President’s senior advisors to testify about their official duties,” the DOJ said in its 8-page memorandum to Nadler.

The Justice Department in a legal opinion argued the separation of powers and said McGahn has “immunity” from being compelled to testify about his official duties.

“This immunity applies to the former White House Counsel. Accordingly, Mr. McGahn is not legally required to appear and testify about matters related to his official duties as Counsel to the President,” the memo, which was written by Assistant Attorney General Steve Engel stated. “Congress could not lawfully exercise any inherent contempt authority against Mr. McGahn for asserting immunity. The constitutional separation of powers bars Congress from exercising its inherent contempt power in the face of a presidential assertion of executive privilege.”

Nadler responded in a statement earlier Monday and asserted that the DOJ giving McGahn immunity is “the latest act of obstruction from the White House,” adding, “The Committee will convene as planned tomorrow morning and Mr. McGahn is expected to appear as legally required.”

Later Monday evening, the Democrat chairman continued his tantrum and sent a 3-page letter to McGahn.

“The Committee has made clear that you risk serious consequences if you do not appear tomorrow,” Nadler wrote. “[Y]ou must appear before the Committee to provide testimony, and invoke executive privilege where appropriate. Should you fail to do so, the Committee is prepared to use all enforcement mechanisms at its disposal.”

Nadler will bring the gavel down to an empty chair tomorrow just like he did when Attorney General Bill Barr was a no-show to a previous hearing. Pathetic.

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