Opinion | The Democrats' impeachment rules vote isn't a real effort to sanction Trump

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Opinion | The Democrats' impeachment rules vote isn't a real effort to sanction Trump
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Opinion | Michael Conway, fmr. counsel for U.S. House Judiciary Cmte: House Democrats' impeachment rules vote isn't a serious effort to sanction Trump - NBCNewsTHINK

The committee’s strategy, at best, then seems to be predicated on the assumption that the committee will win, with the court rejecting the administration’s novel legal claim that White House aides cannot be compelled to testify to Congress. If that assumption is wrong, this effort will not only have been a waste of time but a dead end.

The House has a better and surer remedy to compel McGahn — who is a licensed attorney in D.C. — to testify. In response to the committee’s lawsuit filed in early August, William Burck, McGahn’s attorney, justified McGahn’s refusal to testify by citing a lawyer’s ethical obligation to protect client confidential information., the D.C.

If McGahn’s lawyer is sincere in arguing that McGahn balked because of an ethical duty to keep client confidences, such a constraint would be negated by a congressional committee vote to overrule the privilege claim. The committee’s vote is the final step — unlike a court order, which can be appealed. The ethics opinion concluded: “The lawyer may comply with the directive as if it were a court order to comply with a subpoena after all appeals have been exhausted.

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