Former White House Counsel Donald McGahn is a no-show at a hearing of the House Judiciary Committee, defying a subpoena for his testimony.
President Donald Trump directed McGahn to ignore the committee's subpoena to testify on Tuesday. A lawyer for McGahn said he would follow the president's directive.
House Judiciary Committee Chairman Jerrold Nadler said the committee will vote to hold McGahn in contempt of Congress if he did not testify. It is one of several actions against current and former members of the administration as Trump has said he will fight "all of the subpoenas."
McGahn was a key witness in the investigation of special counsel Robert Mueller.
The White House on Monday cited a legal opinion from the Justice Department, which argues that McGahn would have immunity from testifying before Congress about his work as a close Trump adviser.
Democrats have been eager to hear from McGahn - a key figure in special counsel Robert Mueller's investigation who described ways in which the president sought to curtail the probe.
The decision is certain to deepen tensions between congressional Democrats and the Trump administration. They've accused Trump and Attorney General William Barr of trying to stonewall and block Congress from carrying out its oversight duties.
The Justice Department issued a similar opinion in 2014 that found that close presidential advisers have "absolute immunity" from congressional subpoenas.
The committee's chairman, Democratic Rep. Jerrold Nadler, has threatened to hold McGahn in contempt of Congress if he doesn't testify.
Press Secretary Sarah Huckabee Sanders released this statement:Â
At the President’s direction, the White House has been completely transparent with the Special Counsel’s investigation. The Special Counsel received more than 1.4 million documents and hours and hours of interviews from White House officials, including more than 30 hours from former Counsel to the President, Don McGahn. The Democrats do not like the conclusion of the Mueller investigation – no collusion, no conspiracy, and no obstruction – and want a wasteful and unnecessary do-over.
The House Judiciary Committee has issued a subpoena to try and force Mr. McGahn to testify again. The Department of Justice has provided a legal opinion stating that, based on long-standing, bipartisan, and Constitutional precedent, the former Counsel to the President cannot be forced to give such testimony, and Mr. McGahn has been directed to act accordingly. This action has been taken in order to ensure that future Presidents can effectively execute the responsibilities of the Office of the Presidency.
(The Associated Press contributed to this report.)
