That argument probably doesn't hold any more.Negotiations to make former White House counsel Don McGahn available for a House interview have been active throughout October, the Justice Department indicated Friday, revealing that it has had discussions with the Judiciary Committee five times since Oct. 8.
Those talks — on Oct. 8, 11, 15, 21 and 24 — came despite an Oct. 8 letter from McGahn's successor, Pat Cipollone, declaring that the White House would refuse to cooperate with Democrats' ongoing impeachment inquiry.
[...]
House attorneys have argued that they're at an impasse with the Justice Department over obtaining McGahn's testimony, which they have been seeking since special counsel Robert Mueller revealed in April that he was a central witness to potential obstruction of justice by President Donald Trump. McGahn refused to comply with a subpoena for his testimony in May and the Judiciary Committee filed suit in July, declaring that his testimony is crucial to determine whether the House should file articles of impeachment against Trump. Since then, sporadic talks with the Justice Department have reached no conclusion.
[...]
[T]he Justice Department claimed talks over McGahn's testimony were far from at an impasse, had been revived on Oct. 4 and continued throughout the month. They had reached an agreement to obtain documents in McGahn's possession, the DOJ attorneys said. Intervention by a court now would be an unnecessary incursion in a case that has significant ramifications for the balance of power between Congress and the executive branch, the attorneys said.
Politico
Wait. What? Closed door hearing? That's precisely what the Republicans are complaining about now.The Justice Department now claims that the Judiciary Committee has expressed openness to a private interview with McGahn, which the lawyers call "a marked change from the Committee’s prior position that it would not consider anything other than public testimony."
...but hey, do what you want...you will anyway.
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