McGahn's case appealed after judge says he must comply with subpoena

Former White House counsel Don McGahn, through Justice Department attorneys, has appealed a federal judge's decision that he must comply with a congressional subpoena. The expected appeal comes after Judge Ketanji Brown Jackson ruled Monday night demanding that McGahn testify before the House Judiciary Committee, rejecting the administration's claims of absolute executive privilege.

On Monday, Jackson wrote that "the primary takeaway from the past 250 years of recorded American history is that presidents are not kings." White House press secretary Stephanie Grisham said the ruling "contradicts longstanding legal precedent established by administrations of both political parties."

Justice Department lawyers are appealing the decision to the U.S. Court of Appeals for the District of Columbia, and requested a stay in the case. House Democrats filed the lawsuit in August to compel McGahn to testify, after former special counsel Robert Mueller's investigation revealed the president asked McGahn to fire Mueller.

The former White House counsel, who is being represented by Justice Department lawyers, was a key witness in the Russia investigation. But Jackson's ruling could have significant ramifications for Democrats' impeachment inquiry, in which multiple top administration officials have rejected subpoenas at the desire of the Trump administration.

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