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Committee on the Judiciary v. Donald McGahn, II

Citation: Not availableDocket: 19-5331

Court: Court of Appeals for the D.C. Circuit; February 27, 2020; Federal Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The United States Court of Appeals for the District of Columbia Circuit addressed a dispute between the House Committee on the Judiciary and Donald F. McGahn, II, former White House Counsel. The Committee sought to compel McGahn's testimony regarding potential presidential obstruction of justice during the Mueller investigation, challenging McGahn's claim of absolute testimonial immunity. The district court initially ruled in favor of the Committee, asserting that McGahn must comply with the subpoena. However, McGahn appealed, and the appellate court dismissed the case, concluding it lacked jurisdiction under Article III of the Constitution. The court determined that the dispute did not constitute a justiciable 'Case' or 'Controversy,' as it was an internal governmental conflict without direct impact on private parties. The court emphasized the historical reluctance to engage in interbranch disputes and the absence of recognized standing for Congress in such matters. The decision underscored the separation of powers and the limited role of the judiciary in resolving political disagreements between the legislative and executive branches, maintaining that the resolution should occur through negotiation and accommodation rather than judicial intervention.

Legal Issues Addressed

Absolute Testimonial Immunity for Presidential Advisors

Application: The court addressed the claim of absolute testimonial immunity for McGahn but did not need to rule on its validity due to the dismissal on jurisdictional grounds.

Reasoning: The primary legal question is whether the President can claim absolute testimonial immunity for former aide McGahn, with potential future disputes likely to be more complex.

Historical Context of Interbranch Disputes

Application: The court emphasized the historical reluctance of federal courts to adjudicate interbranch disputes, citing the lack of precedent for such cases prior to the 1970s.

Reasoning: Prior to that, there was little resort to the courts for resolving such disputes, despite their existence since the early days of the Republic.

Justiciability under Article III

Application: The court determined that the dispute between the Judiciary Committee and McGahn does not constitute a justiciable 'Case' or 'Controversy' under Article III, thus falling outside federal jurisdiction.

Reasoning: The court lacks jurisdiction over the Committee’s lawsuit, which does not constitute an Article III case or controversy, resulting in the dismissal of the complaint.

Separation of Powers and Political Question Doctrine

Application: The court highlighted the importance of maintaining separation of powers and avoiding judicial overreach into political disputes between Congress and the Executive.

Reasoning: Judicial intervention in interbranch disputes is limited to prevent political entanglement and maintain public confidence in the courts.

Standing for Legislative Branch in Interbranch Disputes

Application: The court ruled that the Committee lacks standing, as the claimed institutional injury was not recognized as judicially cognizable under Supreme Court precedents such as Raines v. Byrd.

Reasoning: The Committee lacks standing due to the absence of a cognizable injury. Extending standing to this case would conflict with Supreme Court precedent and historical practices.