"Life after McGahn" - virtual panel discussion hosted by the Levin Center and POGO
In 2019, the House Judiciary Committee filed suit to enforce a subpoena compelling White House counsel Donald McGahn to testify. The Trump White House claimed absolute immunity on McGahn’s behalf. After two years of intense litigation and multiple court decisions, in May 2021, the Committee and the Biden Administration agreed to dismiss the case and have McGahn testify in executive session with certain limitations. The agreement left a number of critical issues undecided by the courts including the key issue in the McGahn case, whether certain senior presidential aides are absolutely immune to congressional subpoenas. Various legislative proposals are now being considered to clarify to the courts Congress’ investigative authority and to expedite judicial decisions. Join us for an in-depth discussion of the reasons for and consequences of the McGahn settlement and the impact on separation of powers, checks and balances, and congressional oversight.
- Doug Letter, House of Representatives General Counsel
- Michael Stern, Director, Point of Order Blog
- Kate Shaw, Professor of Law, Cardozo School of Law
- Reginald Brown, Partner, Kirkland & Ellis