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Deal Reached for McGahn's Testimony    05/13 06:18


   WASHINGTON (AP) -- Former White House counsel Don McGahn will answer 
questions in private from the House Judiciary Committee in an apparent 
resolution of a longstanding dispute over his testimony, according to a court 
document filed Wednesday evening.

   Democrats who run the committee have sought McGahn's testimony for two years 
as part of an investigation of potential obstruction of justice by former 
President Donald Trump during special counsel Robert Mueller's Russia 

   They pressed ahead with the subpoena even after President Joe Biden took 
office in January.

   Under an agreement negotiated by the committee and Justice Department, 
McGahn will only be questioned about information attributed to him in publicly 
available portions of Mueller's report.

   The date of the private interview has not been set. A transcript will be 
made public about a week later, the filing in the U.S. Circuit Court of Appeals 
for the District of Columbia said.

   House Judiciary Committee Chairman Jerrold Nadler, D-NY, said the agreement 
is a good-faith compromise that "satisfies our subpoena, protects the 
Committee's constitutional duty to conduct oversight in the future, and 
safeguards sensitive executive branch prerogatives."

   Trump's Justice Department had fought efforts to have McGahn testify. U.S. 
District Judge Ketanji Brown Jackson in 2019 rejected Trump's arguments that 
his close advisers were immune from congressional subpoena. Biden has nominated 
Jackson to the appeals court in Washington.

   The case has been in that court ever since Jackson's ruling. The full 
appeals court is scheduled to hear the case for a second time next week.

   The issue is whether the House has authority under the Constitution or 
federal law to ask courts to enforce a subpoena against an executive branch 

   The administration and the House have asked the court to call off the 
hearing, preferring to reach an agreement rather than risk an unfavorable court 

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