Ex-White House Counsel McGahn Must Testify to Congress, Judge Rules

WASHINGTON — The former White House counsel Donald F. McGahn II must testify before impeachment investigators about Mr. Trump’s efforts to obstruct the Mueller investigation, a judge ruled on Monday.

The 120-page decision by Judge Ketanji Brown Jackson of the Federal District Court for the District of Columbia handed a victory to House Democrats in their fight to overcome President Trump’s stonewalling.

Judge Jackson rejected the Trump administration’s sweeping claim that top presidential advisers are absolutely immune from being compelled to talk about their official duties — meaning they do not even have to show up in response to a subpoena.

Citing Congress’s constitutional power to investigate suspected abuses of power within the government, Judge Jackson wrote that the Trump administration’s “claim to unreviewable absolute testimonial immunity on separation-of-powers grounds — essentially, that the Constitution’s scheme countenances unassailable executive branch authority — is baseless, and as such, cannot be sustained.”

Still, Mr. McGahn is unlikely to appear any time soon because it is virtually certain that the Justice Department will file an appeal and seek a stay of the judge’s ruling. He and his lawyer, William A. Burck, have taken the position that the fight is between Congress and the Trump administration, permitting administration lawyers to handle the case.

“Don McGahn will comply with Judge Jackson’s decision unless it is stayed pending appeal,” Mr. Burck said in an email. “The DOJ is handling this case, so you will need to ask them whether they intend to seek a stay.”