The DC Circuit issued an opinion in late August that could significantly disrupt decades of Congressional investigations practice. In Comm. on the Judiciary of United States House of Representatives v. McGahn, No. 19-5331, 2020 WL 5104869 (D.C. Cir. Aug. 31, 2020), the DC Circuit effectively put an end to the US House Judiciary Committee’s attempt to enforce judicially a subpoena against former White House Counsel Donald McGahn. Pending rehearing en banc and/or appeal,[1] the decision could eliminate the force and effect of subpoena authority—the authority underlying every House investigation.
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[1] House Democratic leaders have vowed to seek a rehearing en banc.