The House Judiciary Committee on Monday said they hope to hear testimony from former White House counsel Don McGahn to help decide whether to pursue additional articles of impeachment, Politico reports.
"If McGahn's testimony produces new evidence supporting the conclusion that President [Donald] Trump committed impeachable offenses that are not covered by the articles approved by the House, the committee will proceed accordingly — including, if necessary, by considering whether to recommend new articles of impeachment," the committee wrote in a brief to the D.C. Circuit Court of Appeals, in which they argue the two articles of impeachment do not render McGahn's testimony moot.
The Department of Justice, despite conceding the legal dispute has not been resolved by the articles that already have been passed, argue impeachment has removed the urgency from their request.
"The reasons for refraining are even more compelling now that what the committee asserted— whether rightly or wrongly — as the primary justification for its decision to sue no longer exists," lawyers for the department wrote in a brief filed Monday morning.
"If this court now were to resolve the merits question in this case, it would appear to be weighing in on a contested issue in any impeachment trial," the DOJ legal team continued.
"The now very real possibility of this court appearing to weigh in on an article of impeachment at a time when political tensions are at their highest levels — before, during, or after a Senate trial regarding the removal of a president — puts in stark relief why this sort of interbranch dispute is not one that has 'traditionally thought to be capable of resolution through the judicial process.'"
"This court should decline the committee's request that it enter the fray and instead should dismiss this fraught suit between the political branches for lack of jurisdiction," they conclude.
Theodore Bunker ✉
Theodore Bunker, a Newsmax writer, has more than a decade covering news, media, and politics.
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