ICAP assisted the House Judiciary Committee in its high-stakes lawsuit to compel former White House Counsel Donald F. McGahn II to testify regarding the Special Counsel’s investigation into Russian interference in the 2016 election. The executive branch had asserted that senior presidential advisers possess “absolute immunity” from congressional testimony—a sweeping claim that would have effectively shielded the White House from legislative oversight. ICAP’s advocacy focused on the fundamental constitutional principle that presidents are not above the law and that Congress must have acess to vital information to carry out its legislative functions.
The litigation produced a series of pivotal rulings that solidified the power of the legislative branch. In a landmark 2019 decision, District Court for the District of Columbia rejected the immunity claim. Following extensive appellate litigation, the D.C. Circuit sitting en banc affirmed in 2020, holding that the House had Article III standing to sue to enforce its subpoenas. The case concluded in 2021 after a settlement was reached with the Department of Justice, resulting in McGahn’s transcribed testimony and the vacatur of lower-court opinions that had threatened to limit House subpoena power. This victory remains a cornerstone of modern separation-of-powers law, ensuring that the House of Representatives retains the judicial tools necessary to conduct meaningful oversight of the executive branch.
