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Nadler says House Judiciary will go to court to enforce Don McGahn subpoena

House to enforce subpoenas for Barr & McGahn
House to enforce subpoenas for Barr & McGahn 08:40

House Judiciary Committee Chair Rep. Jerry Nadler said that his committee would continue to work to break the "log jam" that the Trump administration has formed to prevent congressional oversight and said they would continue to enforce subpoenas, including that of former White House Counsel Don McGahn. Nadler made the comment just hours after former special counsel Robert Mueller testified that President Trump could still be indicted on criminal charges after leaving office.

"The very next step, be it tomorrow or Friday, is we're going into court to enforce, to ask for the grand jury material and to enforce a subpoena against Mr. McGahn," Nadler said Wednesday.

"That's particularly important because the excuses, and I won't call them reasons, the excuses that the White House gives for McGahn not testifying and the nonsense about absolute immunity et cetera are the same excuses for all the other fact witnesses," he added. 

McGahn had previously defied a subpoena by the House panel, declining to testify on his dealings with the Trump administration as it pertained to Mueller's probe, as the Justice Department's Office of Legal Counsel claimed executive privilege. The panel voted to hold the former White House staffer in contempt for refusing to comply with the order. 

McGahn was a vital witness for Mueller's Russia investigation but was blocked by the White House from answering more than 200 of the special counsel's questions. In his final report, Mueller detailed 10 instances of possible obstruction by Mr. Trump, including unsuccessfully ordering McGahn to fire Mueller in the summer of 2017. According to the report, Mr. Trump backed off the request when McGahn refused.

Rob Legare contributed reporting. 

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