“Indeed, just yesterday, former D.C. Circuit Judge Kenneth Starr told the Senate on behalf of President Trump that a House subpoena-enforcement action could have been fully litigated even through the Supreme Court in a very short time, as was done in the Pentagon Papers case,” the lawyers wrote.
“President Trump is telling the Senate that cases like this one can and should be litigated in a highly expedited way, while here he argues that the Court should delay,” they added.
McFadden announced two weeks ago he was putting the case on hold until a higher court decided a separate suit in which Democrats are seeking to force former White House counsel Don McGahn to testify about Russia’s involvement in the 2016 presidential elections. Both cases raise the basic question of whether Congress can sue the White House, something the Supreme Court has never clearly addressed.
McFadden’s decision to delay was backed by lawyers representing Trump.
At the time, the judge said he would be willing to consider lifting his delay if the McGahn case wasn’t decided expeditiously, which Democrats noted in their filing.
“The requested relief is necessary for the Committee to move forward with its pressing legislative and oversight inquiry, and to carry out its constitutional functions in the limited time remaining in this Congress,” they said.
Source: politico.com
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