The full federal appeals court in Washington, D.C., said Friday it’ll take up the House bid to force former White House counsel Don McGahn to appear before Congress.
In tossing out a Feb. 28 ruling by a three-judge panel of the federal appeals court, the decision gives new hope to House Democrats who want McGahn's testimony before the November elections. Arguments will be held April 28.
The three-judge panel last month ruled judges have no role to play in the subpoena fight between the House and President Donald Trump over the testimony of high-ranking administration officials.
The Hill reported seven of the nine judges who will preside over the full court review were appointed by Democratic presidents. Two Republican-appointed judges were recused from the rehearing.
The three-judge panel’s majority comprised two judges appointed by Republican presidents, while the lone dissent was cast by a President Bill Clinton appointee, The Hill reported.
The House Judiciary Committee subpoenaed McGahn in April, just days after the release of Special Counsel Robert Mueller’s findings. The report concluded a nearly two-year investigation into Russia’s 2016 election interference, the Trump campaign’s contacts with Moscow and Trump’s possible obstruction of justice.
McGahn played a central role in the obstruction phase of the probe, which examined 10 "episodes" of possible obstruction by Trump, The Hill noted. The report found "substantial evidence" that Trump leaned on McGahn to fire Mueller.
The Associated Press contributed to this report.
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