He wanted to know if there was any precedent for a wholesale presidential order to stonewall Congress. Acting White House Chief of Staff Mick Mulvaney sought to join the case but has since reversed course and said he will “rely on the direction of the president” to not testify.The Barack Obama appointee was also alarmed by the Justice Department claim that Trump may hold the authority to block current and past aides “for the remainder of their natural life” from speaking openly about their time in the White House.In a footnote, Jackson compares a country in which Trump makes “unilateral determinations” on who will testify to Congress to the world created by George Orwell in “Animal Farm,” including the line from the acclaimed work of fiction “All animals are equal but some animals are more equal than others.”House Democrats withdrew Kupperman’s subpoena on Nov. 6, saying “unless your lawsuit was admittedly only for the purposes of delay” he would by guided by the decision in McGahn’s case.House Judiciary Chair Jerry Nadler said in a statement on the ruling that he is pleased the court recognized the Trump administration has “no legal ground” to bar “critical” witness testimony.His lawyer Charles Cooper told lawmakers in a letter earlier this month that Bolton “was personally involved in many of the events, meetings, and conversations about which you have already received testimony, as well as many relevant meetings and conversations that have not yet been discussed in the testimonies thus far.”Cooper did not respond Monday to a request for comment on the McGahn ruling. : Federal District Court Judge Ketanji Brown Jackson said McGahn must appear before Congress but retains the ability to “invoke executive privilege where appropriate” during his appearance. But Jackson called “absolute testimonial immunity” for senior-level aides “baseless” and a “fiction” from the White House legal counsel.“Now that the court has ruled, I expect him to follow his legal obligations and promptly appear before the committee,” Nadler said of McGahn.Jackson recognized that McGahn, as a White House counsel, had routine “unfettered access” to the president but said the Justice Department failed to prove how “daily contact with copious amounts of information” including materials classified for national security warrants absolute testimonial immunity.The probe receded behind Congress looking into whether Trump pressured Ukraine to investigate his political rival Joe Biden. Judge Ketanji Brown Jackson said the president "does not have the power" to excuse McGahn or any other current and former White House officials from testifying. Ketanji Brown Jackson (born September 1970) is a United States District Judge of the United States District Court for the District of Columbia.In 2016, she was interviewed as one of Barack Obama's potential nominees for the U.S. Supreme Court vacancy created by the death of Justice Antonin Scalia. “Not to my knowledge,” he said.But the Nixon case arose in the context of a criminal trial, and the Supreme Court went out of its way to say that it was not “concerned here with the balance between the president’s generalized interest in confidentiality” and “congressional demands for information.”“Congress has plenty of remedies,” he said, including cutting off money or refusing to confirm nominees. In November, Judge Ketanji Brown Jackson, of the Federal District Court in Washington, ordered Mr. McGahn to testify about what House Democrats said was a … The Justice Department is expected to appeal the decision by U.S. District Judge Ketanji Brown Jackson on the grounds that McGhan is shielded by the same executive privilege that protects Trump from testifying.“Stated simply, the primary takeaway from the past 250 years of recorded American history is that presidents are not kings,” the judge wrote.“Compulsory appearance by dint of a subpoena is a legal construct, not a political one, and per the Constitution, no one is above the law,” the judge wrote in her 120-page opinion.Former national security adviser John Bolton indicated last week that he was holding out on testifying until a federal judge issued a decision in one of the many lawsuits filed over House subpoenas.McGahn was once considered the “most important witness other than the president” in House investigations into whether to impeach the president for obstructing Mueller’s investigation.If “present frequent occupants of the West Wing or Situation Room must find time to appear for testimony” to Congress, she further explained, then the claim of testimonial immunity also “stops short of covering individuals who only purport to be cloaked with this authority because, at some point in the past, they once were in the President’s employ.”Former White House aides are free to assert any legally applicable privilege and have “ample opportunity to invoke executive privilege or any other lawful basis for withholding information” when responding to questions from lawmakers, she allowed.

“All the executive has to do is maintain the status quo and he prevails.”The Supreme Court cases concern requests for information from private firms. Judge Ketanji Brown Jackson delivered her ruling November 25th.

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