Rep. David Cicilline said on Monday that if former White House counsel Don McGahn defies the subpoena and doesn’t testify before Congress, an impeachment inquiry should be opened against President Trump.
McGahn was expected to testify before the House Judiciary Committee on Tuesday, but he’s been instructed by the White House to skip the hearing.
Cicilline, who is a member of the House Judiciary Committe, said he still hopes McGahn will testify, and noted that executive privilege doesn’t apply.
“Let me be clear: if Don McGahn doesn’t testify, it is time to open an impeachment inquiry,” Cicilline said. “The president engaged in ongoing effort to impede our ability to find the truth, to collect evidence, to do our work.”
“I think we now have seen a pattern where the White House is continuing an effort to impede our search for the truth. No one is above the law, including the president of the United States, and we expect Mr. McGahn to come before the committee and testify.”
“We are left with no other choice,” Cicilline said of his call for an impeachment inquiry. “This is a president who according to the Mueller report engaged in ten acts of obstruction of justice, who tried to get witnesses on his staff to lie, who has attempted to impede this investigation in very fundamental ways. And every effort we made to collect evidence, to produce documents, to hear from witnesses, this White House has blocked. There comes a point we are left with no choice but to begin inquiry so that we can get information we need to make an informed judgment at the end of that process.”
MSNBC host Steve Kornacki asked if Cicilline was speaking for himself. Cicilline said:
“That is my view, I don’t know if it’s shared by other members of Democratic leadership.”
Watch the video, via MSNBC:
On Monday evening, Don McGahn, through his legal team, confirmed that he will skip the House Judiciary Committee hearing scheduled for Tuesday.
In a letter to Nadler, McGahn’s attorney William Burck said that his client won’t show up.
According to Fox News, Burck said current White House Counsel Pat Cipollone had communicated that Trump had instructed McGahn not to testify, and that Assistant Attorney General for the Office of Legal Counsel Steven Engel had said McGahn was immune from testifying.