Biden administration begins negotiations over Don McGahn’s testimony to House

McGahn has been holding the evidence for almost two years – while the Department of Justice in the Trump era defended it – as the House Judiciary Committee tried to seek his appearance under a subpoena and failed in an investigation into Trump’s attempts to To hinder Russia. investigating special report Robert Mueller’s final report on obstruction.

The shift in tone on McGahn Wednesday is one of the most important signs of change so far in how the executive under President Joe Biden may be grappling with Trump’s years-long refusal to cooperate with congressional investigations. The Trump administration blocked the sharing of information on executive branches sued by the Democratic-led House and barred government witnesses from testifying against the then president.

The justice department announced the move in a new lawsuit for the first time on Wednesday night. In a reply in court about an hour later, the judicial committee also acknowledged the negotiations.

Private advocates for Trump and McGahn have not yet spoken in court.

Yet the House said in its submission that both McGahn and Trump may participate in the negotiations over Trump’s former White House testimony. That could lead to further deviations, the House told the DC Circuit Court of Appeals.

“Because the Biden administration has to coordinate with McGahn, the recipient of the subpoena and an official of the previous government, settlement talks promise to be complicated. The Biden administration should also be expected to consult with former President Trump on the possibility of a settlement, ‘the House wrote in a court that has filed with the Court of Appeal. “That consultation will further complicate the discussions, and it seems likely that no global agreement will be reached.”

Court argument coming

The DC Court of Appeals will hear arguments next week on the House’s ability to enforce McGahn’s subpoena in court.

But the Justice Department, which represents McGahn because of his role as a former government official, is asking to postpone the arguments for at least a month and a half.

“The new administration wants to investigate whether there may be accommodation available with regard to the request of the committee,” lawyers from the justice department wrote in the appellate court. Discussions between the parties involved have begun, and the new administration believes the parties will benefit from extra time to continue these discussions. … It is in the interest of all involved to allow enough time and opportunity for the branches to reach a compromise. in this case. “

The House does not agree with this and wants the court to stick to its schedule and make a decision on the powers of the other branches of government.

“In view of this history and the prolonged delays that prevented the committee from obtaining McGahn’s evidence, further delay in this matter would be inappropriate,” the House added in its statement. “We appreciate the efforts of the Biden administration to settle this matter, and we have actively participated in the efforts. But we do not believe that postponing the argument will improve the prospect of a settlement or the parties’ interests in judicial efficiency or fairness will not serve. “

The McGahn case becomes the first of several major court battles between Trump and House Democrats during their investigations into the last two years of his presidency. As the case plowed through the court system, it kept alive a congressional inquiry into Trump over obstruction, as well as testing important questions about the role of the judiciary and the balance of power between the three branches of government.

This story has been updated with additional developments.