38 min listen
The McGahn Decision and Proxy Voting
ratings:
Length:
52 minutes
Released:
Aug 11, 2020
Format:
Podcast episode
Description
Last week, the DC Circuit Court of Appeals in Washington handed down a major en banc decision on the question of whether the president's former White House Counsel, Don McGahn, even needs to show up in response to a congressional subpoena, or whether he has absolute immunity from testifying before Congress. A strong seven judge majority of the DC Circuit overturned a panel opinion that had held that a congressional committee had no standing to sue to enforce its subpoena. The full DC Circuit ruled that yes, it does have standing. In a separate case, a lower court ruled on an internecine dispute within the House of Representatives over proxy voting instituted by speaker Nancy Pelosi in response to the COVID-19 crisis. The court ruled that Republicans could not challenge the proxy voting rule because of the Speech and Debate Clause. Benjamin Wittes spoke with Lawfare senior editors Margaret Taylor and Scott Anderson about what this all means for congressional oversight, whether these opinions will stand up on further review and what will happen next. See acast.com/privacy for privacy and opt-out information.
Released:
Aug 11, 2020
Format:
Podcast episode
Titles in the series (100)
Episode #3: Joel Brenner on Amerca the Vulnerable: Former NSA General Counsel Joel Brenner discusses his book, America the Vulnerable: Inside the New Threat Matrix of Digital Espionage, Crime, and Warfare. by The Lawfare Podcast