UPDATE: A federal judge in the case has issued a temporary stay for the DOJ and Don McGahn. The stay will likely be lifted soon.
UPDATE: The House Judiciary Committee has filed a motion opposing a stay in the case against Don McGahn.
The Justice Department urged a federal judge Tuesday to put a temporary stay on her ruling that orders former Trump White House counsel Don McGahn to testify in the House impeachment probe, stating it needs the delay to pursue an appeal.
While expected, the move from DOJ means that the primary congressional panel responsible for drafting articles of impeachment against President Donald Trump likely won’t hear anytime soon from McGahn, a star witness with the Mueller Report.
Also Tuesday, a lawyer representing two other key White House impeachment witnesses stated his clients would keep resisting congressional subpoenas, contending that Monday’s decision didn’t pertain to their situation.
Both actions have formed the next steps in the months-long legal battle, one day after U.S. District Court Judge Kentanji Brown Jackson issued her conceivably precedent-setting decision.
In her 120-page opinion, Jackson argued that Trump’s advisers do not enjoy “absolute immunity” from facing lawmakers’ questions about their work under oath. She found that “no one is above the law” and took account with Trump’s efforts to stonewall congressional oversight through a blanket order instructing aides not to testify.
“Stated simply, the primary takeaway from the past 250 years of recorded American history is that Presidents are not kings,” Jackson wrote.
But DOJ on Tuesday responded by requesting a new hearing before the U.S. Court of Appeals for the D.C. Circuit, as well as asking Jackson for a temporary stay on her ruling for McGahn to testify.