DC Circuit Rules McGahn Must Honor House Subpoena . . . but Not Necessarily Answer House’s Questions

They say bad facts make bad law. But here is a case of bad law making bad facts.

The United States Court of Appeals for the D.C. Circuit, in a rare ruling by the full court, held 7–2 that former Trump White House counsel Don McGahn must honor a House subpoena issued in connection with the Judiciary Committee’s impeachment inquiry.

Nevertheless, this does not decide the issue that is actually important: What questions must McGahn answer?

Some readers may recall that I flagged this issue last November. That’s when an...