House Judiciary Committee Chairman Jerry Nadler (D-NJ) sent a letter to former White House Counsel Don McGahn Monday evening letting the former Trump official know he's expected to appear before the Committee on Tuesday. The letter comes after the White House informed Nadler that McGahn was directed not to appear before the Committee on Tuesday.
According to Nadler, Gahn's actions are "unprecedented" and "does not excuse" his "obligation to appear before the Committee.
Nadler argued that the White House is invoking executive privilege to conceal evidence of wrongdoing or criminality.
"Yet as I have already made clear, the Committee plans to ask you about instances in which the President took actions or ordered you to take actions that may constitute criminal offenses, including obstruction of justice," Nadler wrote. "Despite the [Justice] Department's apparent efforts to catalogue every instance in which a White House aide has refused to testify before Congress, the Department can cite no example where Congress planned to ask that White House aide about possible crimes committed by the President. Perhaps that is because – until now – no President would hav engaged in such a transparent effort to block his own former aides from testifying about the President's misconduct."
The Committee Chairman also argued Trump's tweets calling into question McGahn's credibility waved executive privilege.
"...the President himself has already called your credibility into question. He tweeted less than 10 days that he 'was NOT going to fire Bob Mueller,' denying a central event that you described to Special Counsel Mueller under penalty of felony," Nadler wrote. "At the same time, he has asked you to state publicly that he did not engage in obstruction of justice. In attacking your credibility and asking you to make public comments about these events, the President has not only further waived any possible privilege with regard to your testimony; he has also created substantial concerns about acts of witness intimidation and further obstruction of Congress's ongoing investigations. Because these incidents post-date your service as White House Counsel and occurred while you were a private citizen, the Committee is plainly entitled to ask you about them without raising even potential privilege issues."
Nadler finished his letter by threatening McGahn with "serious consequences" if he fails to appear before the Committee.
What's hilarious about this entire saga? Nadler loves writing letters with these empty-handed threats. He continually says he's going to hold people accountable and "use full Congressional powers" to punish those who don't abide by his Committee's subpoenas. But does he ever do anything? No. He subpoenas people but no one takes him seriously. It might have to do with how he handled wanting Attorney General William Barr to testify in front of his Committee.
Nadler wasn't competent enough to question Barr. Neither were the other Democrats on the Committee. Yet there are 15 of them who are lawyers. Now, suddenly these lawyers know the rule of law and are competent enough to go after those who refuse to partake in their Russia witch hunt 2.0.
Sit down, Jerry. You're full of hot air.