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Comm. on the Judiciary v. McGahn

Comm. on the Judiciary v. McGahn

United States District Court for the District of Columbia

November 25, 2019, Decided; November 25, 2019, Filed

Civ. No. 19-cv-2379 (KBJ)

Opinion

 [*151]  TABLE OF CONTENTS

I. INTRODUCTION

II. BACKGROUND

 A. Factual Background

 B. Committee on Judiciary, U.S. House of

Representatives v. Miers

 C. Procedural History

III. LEGAL STANDARDS

 A. Cross-Motions For Summary Judgment Under

Federal Rule of Civil

  Procedure 56

 B. Common Law Adherence To Precedent

 [*152]  

 C. Subpoena-Related Rights, Duties, Privileges, [**3] 

And Immunities

  1. Subpoenas In Standard Civil Actions

  2. Legislative Subpoenas

IV. ANALYSIS

 A. Federal Courts Have The Power To Adjudicate

Subpoena-Related

  Disputes Between Congress And The Executive

Branch

  1. Federal Courts Routinely Exercise

Subject-Matter

   Jurisdiction Over Subpoena-Enforcement Claims

Under 28

   U.S.C. § 1331

  2. Separation-Of-Powers Principles Do Not Compel

   Conclusion That This Court Lacks Subject-Matter

Jurisdiction

   Over The Instant Dispute

   a. The legal claim at issue here is not

non-justiciable

   b. The historical record indicates that the

Judiciary has

   long entertained subpoena-enforcement actions

   concerning compelled congressional process

   c. Traditional separation-of-powers principles

do not

   support DOJ's suggestion that the federal

courts cannot

   resolve legal disputes between the other

branches of

government

 B. House Committees Have The Power To Enforce

Their Subpoenas In

  Federal Court When Executive Branch Officials Do

Not Respond As

  Required

  1. Defiance Of A Valid Subpoena Indisputably

Qualifies As A

   Cognizable Injury In Fact, And In The Context

   Congressional Investigations, The Harm Is

Significant And

   Substantial

  2. The Constitution Itself [**4]  Provides A Cause Of

Action For A

   Thwarted House Committee To Proceed In Federal

Court

  3. There Is No Separation-Of-Powers Impediment

To The

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415 F. Supp. 3d 148 *; 2019 U.S. Dist. LEXIS 203983 **; 2019 WL 6312011

COMMITTEE ON THE JUDICIARY, UNITED STATES HOUSE OF REPRESENTATIVES, Plaintiff, v. DONALD F. MCGAHN II, Defendant.

Subsequent History: Later proceeding at Comm. on the Judiciary of the United States House of Representatives v. McGahn, 2019 U.S. App. LEXIS 38298, 2019 WL 6999926 (D.C. Cir., Dec. 18, 2019)

Appeal dismissed by Comm. on the Judiciary of the United States House of Representatives v. McGahn, 951 F.3d 510, 2020 U.S. App. LEXIS 6271 (D.C. Cir., Feb. 28, 2020)

Affirmed by, in part, En banc, Remanded by Comm. on the Judiciary of the United States House of Representatives v. McGahn, 2020 U.S. App. LEXIS 24970 (D.C. Cir., Aug. 7, 2020)

On remand at, Reversed by, Remanded by Comm. on the Judiciary v. McGahn, 2020 U.S. App. LEXIS 27668 (D.C. Cir., Aug. 31, 2020)

Prior History: Comm. on the Judiciary v. McGahn, 391 F. Supp. 3d 116, 2019 U.S. Dist. LEXIS 136869, 2019 WL 3816520 (D.D.C., Aug. 14, 2019)

CORE TERMS

subpoena, aides, immunity, federal court, executive branch, senior-level, testimonial, presidential, absolute immunity, disputes, courts, subpoena-enforcement, subject-matter, appears, executive privilege, lawsuit, separation-of-powers, principles, investigations, documents, invoke, asserts, cases, questions, Memorandum, reasons, rights, branch of government, recipient, purposes

Civil Procedure, Jurisdiction, Subject Matter Jurisdiction, Jurisdiction Over Actions, Constitutional Law, The Judiciary, Case or Controversy, Constitutional Questions, Separation of Powers, Summary Judgment, Entitlement as Matter of Law, Appropriateness, Legal Entitlement, Genuine Disputes, Burdens of Proof, Movant Persuasion & Proof, Motions for Summary Judgment, Cross Motions, Governments, Courts, Judicial Precedent, Discovery & Disclosure, Discovery, Subpoenas, Authority to Adjudicate, The Judiciary, Evidence, Privileges, Defenses, Demurrers & Objections, Affirmative Defenses, Immunity, Congressional Duties & Powers, Speech & Debate Immunity, Congressional Duties & Powers, Federal Government, US Congress, Impeachment, Standing, Particular Parties, Immunities, Qualified Immunity, Executive Branch Officials, Federal Questions, Jurisdiction Over Actions, Limited Jurisdiction, Legislation, Interpretation, Justiciability, Political Questions, State Constitutional Operation, Constitutionality of Legislation, Injury in Fact, Elements, Burdens of Proof, Standing, Declaratory Judgments, Federal Declaratory Judgments, Scope of Declaratory Judgments, Employees & Officials, The Presidency, Executive Privilege, Privileges, Government Privileges, The Presidency, Executive Offices