Democrats fume as McGahn skips House hearing: ‘Our subpoenas are not optional’

The top Democrat on the House Judiciary Committee vowed Tuesday to go to court if necessary to seek former White House Counsel Don McGahn's testimony, after he defied a subpoena and skipped a committee hearing at President Trump's direction.

The move infuriated Democrats and touched off what could be another high-profile battle over holding a Trump official in contempt of Congress.

“Let me be clear, this committee will hear Mr. McGahn's testimony, even if we have to go to court to secure it,” House Judiciary Committee Chairman Jerry Nadler, D-N.Y, said at the beginning of the hearing which McGahn did not attend.

Accusing Trump of witness intimidation, Nadler added, “When this committee issues a subpoena, even to a senior presidential adviser, the witness must show up. Our subpoenas are not optional.”

While he did not specifically mention contempt, Nadler told CNN on Monday night that lawmakers would pursue that route.

A day earlier, the president directed McGahn to not appear for the committee hearing, citing a Justice Department opinion that he cannot be compelled to testify about his official duties.

“In short, the president took it upon himself to intimidate a witness who has a legal obligation to be here today,” Nadler said. “This conduct is not remotely acceptable.”

But Georgia Rep. Doug Collins, the ranking member on the committee, responded to Nadler’s remarks by accusing Democrats of political theatrics, saying they are “trying desperately to make something out of nothing.”

"I cannot emphasize this enough — the chairman’s track record demonstrates he does not actually want information,” Collins said. “He wants the fight, but not the truth.”