Federal Judge Ketanji Brown Jackson stated she won’t delay former White House counsel Don McGahn’s testimony while he appeals her order that he must appear before the House.
But her decision today has limited immediate impact because the DC Circuit Court of Appeals in Washington has given his testimony a temporary stay and agreed to hear his case in early January.
The appeals court placed an administrative stay on McGahn’s case “pending further order” of the court. The higher court stated it is considering keeping his testimony on pause as well as considering his main arguments.
In her opinion today, Jackson wrote that the White House attempt to stop McGahn from testifying is even weaker than when the Bush administration unsuccessfully tried to stop then-White House counsel Harriet Miers’ testimony.