By Ann E. Marimow,
The Biden Justice Department and lawyers for House Speaker Nancy Pelosi (D-Calif.) have reached an agreement about how to handle a congressional subpoena for testimony from former Trump White House counsel Donald McGahn.
The House Judiciary Committee and the Biden administration announced the deal Tuesday in a filing with the U.S. Court of Appeals for the District of Columbia Circuit. The parties told the court they have “an agreement in principle on an accommodation.” Former president Donald Trump is “not a party to the agreement,” the filing states.
No additional details were provided about the negotiated settlement.
It was not known whether the agreement means McGahn will appear on Capitol Hill to answer lawmakers’ questions. McGahn’s lawyer did not immediately respond to a request for comment.
The parties plan to formally ask the D.C. Circuit to remove from its calendar a hearing in the case set for next week.
The House Judiciary Committee first subpoenaed McGahn in 2019. Pelosi’s general counsel, Douglas Letter, told the court that McGahn’s testimony related to the investigation into Russian interference in the 2016 presidential election is still “essential” to lawmakers’ oversight responsibilities.
A central question in the case is whether a congressional committee can compel testimony of a close presidential adviser. U.S. District Judge Ketanji Brown Jackson, now a Biden nominee for the appeals court, initially rejected Trump’s claim that senior presidential aides have “absolute immunity” from testifying.