House, DOJ say they have reached agreement on McGahn subpoena

The Department of Justice (DOJ) and lawyers for the House Judiciary Committee have reached an agreement in the protracted legal battle over a two-year-old subpoena of former White House counsel Don McGahn, according to a court filing.

The parties announced an agreement “in principle” to end the lawsuit that has been bouncing around the federal judiciary since August 2019, when the Democratic-led committee sued to enforce its demand for McGahn’s testimony as part of an investigation into former President Trump.

The Trump White House directed McGahn, who had since stepped down as the top presidential lawyer, not to comply with the subpoena after it was issued two years ago, asserting that the then-president and his close advisers had complete immunity from congressional demands for testimony.

The terms of the agreement announced Tuesday have not been revealed. The brief court document said that Trump was not involved in reaching the agreement.

“Former President Trump, who is not a party to this case, is not a party to the agreement in principle regarding an accommodation,” the joint filing reads.

The case has taken a number of twists and turns over the past two years. In November 2019, a district judge categorically rejected the Trump administration’s arguments about White House immunity, ruling that “presidents are not kings” and ordering McGahn to comply with the subpoena.

On appeal, the House was dealt two losses at the hands of a three-judge panel, only to have them vacated by the full D.C. Circuit Court of Appeals. The case was scheduled to be argued before the full circuit court for the second time in as many years on May 19.