Ex-Members of Congress Say McGahn Ruling May ‘Cripple’ Oversight

Ex-Members of Congress Say McGahn Ruling May ‘Cripple’ Oversight

(Bloomberg) -- Almost 100 former members of Congress and executive branch officials urged a U.S. appeals court to reconsider its ruling that former White House Counsel Don McGahn can’t be forced to testify -- a decision that bolstered President Donald Trump’s resistance to congressional oversight.

The ruling, which is already having an impact on other congressional probes, could “cripple” the ability of Congress to get information it needs to investigate overreach and lawbreaking by the executive branch, a lawyer for the group said in a filing Thursday in the federal appeals court in Washington.

The former officials “fear that the panel decision will destabilize the constitutional checks and balances our founders fought so hard to establish -- with potentially devastating consequences for the long-term stability of our democracy,” according to the filing.

The group includes former U.S. Senator Barbara Boxer, a Democrat, former U.S. Secretary of Defense Bill Cohen, a Republican, and former Representative Tom Coleman, a Republican.

The ex-officials asked the court to let them file a so-called friend of the court brief backing House Democrats’ bid for a rehearing. They said they can offer the court a “unique perspective” based on “extensive expertise.”

©2020 Bloomberg L.P.

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