https://www.wsj.com/articles/don-mcgahns-immunity-11558479763
Democrats are fuming that Don McGahn skipped a Congressional hearing on Tuesday, and they plan to hold the former White House counsel in contempt. But Mr. McGahn has every constitutional right not to appear, and this isn’t a close legal call.
“Our subpoenas are not optional,” declared House Judiciary Chairman Jerrold Nadler, speaking to the TV cameras in front of an empty witness table with Mr. McGahn’s name card. The symbolism is more apt than Mr. Nadler recognizes. Congress’s authority to force one of President Trump’s intimate advisers to appear before Congress is also empty.
This isn’t a novel legal doctrine. For nearly 50 years, multiple administrations have held that Congress cannot compel the appearance of a close adviser to the President. That judgment has been backed by numerous legal memos from the Justice Department’s Office of Legal Counsel, starting in 1971 when future Supreme Court Chief Justice William Rehnquist ran the shop. The view was reinforced and invoked by Presidents Carter, Reagan, Bush, Clinton, Bush and Obama.
