Committee on the Judiciary of the United States House of Representatives v. McGahn, No. 19-5331 (D.C. Cir. 2020)Annotate this Case
After the Committee on the Judiciary of the House of Representatives ordered former White House Counsel McGahn to testify, the president instructed McGahn to assert absolute testimonial immunity from compelled congressional process. The D.C. Circuit initially ordered the dismissal of the Committee's suit. The en banc court subsequently held that the Committee has Article III standing to seek judicial enforcement of the subpoena.
On remand for consideration of the remaining issues, the panel held that the Committee has no cause of action to enforce its subpoena and the case must be dismissed. Implied statutory limitations foreclose suits by the House and suits that implicate a governmental privilege. The Declaratory Judgment Act, 28 U.S.C. 2201(a), does not itself “provide a cause of action,” as the “availability of declaratory relief presupposes the existence of a judicially remediable right.” If Congress (rather than a single committee in a single chamber thereof) determines that its current mechanisms leave it unable to adequately enforce its subpoenas, it remains free to enact a statute that makes the House’s requests for information judicially enforceable.
This opinion or order relates to an opinion or order originally issued on February 28, 2020.