BREAKING: Appeals Court Rules Against Dems Seeking to Force Testimony of WH Counsel

In a major victory for President Trump, a panel of federal appeals court judges ruled 2-1 against Democrats seeking to force the testimony of former White House counsel Donald McGahn.

“If we order McGahn to testify, what happens next? McGahn, compelled to appear, asserts executive privilege in response to the Committee’s questions,” Judge Thomas Griffith wrote in the opinion.

“The Committee finds those assertions baseless. In that case, the Committee assures us, it would come right back to court to make McGahn talk.

ABC reports in a two-to-one ruling, a panel of federal appeals court judges on Friday ordered the dismissal of House Democrats’ case seeking the testimony of Donald McGahn — meaning the former White House counsel would not have to appear before a congressional committee.

The ruling grants a major legal victory to President Donald Trump. The Justice Department, arguing on the president’s behalf, has contended that “the constitution forbids federal courts from resolving this kind of interbranch information dispute.”

The ruling comes in a case brought by the House Judiciary Committee in August as part of an effort to enforce its subpoena demanding McGahn’s congressional testimony about events related to former special counsel Robert Mueller’s Russia investigation — after Trump directed him not to comply.

“We agree and dismiss this case,” the judges wrote in their 88-page opinion.

The ruling comes in a case brought by the House Judiciary Committee in August as part of an effort to enforce its subpoena demanding McGahn’s congressional testimony about events related to former special counsel Robert Mueller’s Russia investigation — after Trump directed him not to comply.

In November, a federal district judge ruled that McGahn must comply with a congressional subpoena.

But the Justice Department appealed that ruling and, on Friday, won out in the higher court.

“We are extremely pleased with today’s historic ruling from the D.C. Circuit recognizing that the House of Representatives cannot invoke the power of the courts in its political disputes with the Executive Branch,” Brianna Herlihy, a DOJ spokeswoman, said in a statement. “Suits like this one are without precedent in our Nation’s history and are inconsistent with the Constitution’s design.”