Seth Abramson @SethAbramson Attorney. @Newsweek columnist. NYT bestselling author of a book on Trump's Iran policy, Proof of Conspiracy (Macmillan, Professor. May. 20, 2019 1 min read

It's settled law in DC federal court that there's no unqualified immunity for a former White House Counsel. Don McGahn doesn't work for the White House, and in fact Trump has no power to stop him from testifying tomorrow. If he doesn't show up, send the U.S. Marshals out. Period.

1/ When I used to serve federal process in DC, and I'd serve someone who told me they intended not to show up after being subpoenaed, I'd tell them how important it was to do so, as if they didn't they'd be getting a visit from the U.S. Marshals. That should apply to McGahn, too.

2/ I'm sorry, but this isn't an issue that Congress should or must take to court to litigate. It's settled law. You have a judge send U.S. Marshals out to take McGahn into custody, and if the WH wants to file for an emergency injunction, it can do it *after* McGahn is in custody.

3/ The White House isn't a party to the McGahn subpoena, as McGahn doesn't work at the White House. Congress has the right to just ask a judge to enforce its subpoena, thereby forcing the White House to intervene (or attempt to do so) in a case they're *not currently a part of*.

4/ The finding of direct contempt against McGahn should be made immediately upon him not appearing at the appointed time before the body that subpoenaed him. Democrats should be in court immediately requesting the U.S. Marshals be sent out. Not even sure a floor vote's necessary.

5/ This isn't the Attorney General not showing up when he's subpoenaed, as that's a separation of powers issue that must be litigated. This is a private-ass citizen, legally no different from you/me, blowing off a federal subpoena on scurrilous, already discredited legal grounds.

You can follow @SethAbramson.


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