The Justice Department says former White House Counsel Donald McGahn can’t be compelled to testify before Congress about the findings of special counsel Robert S. Mueller III’s report on the Russia investigation.

The department’s Office of Legal Counsel issued an opinion Monday finding that McGahn would have “immunity” as a former presidential advisor. It could clear the way for McGahn to defy a congressional subpoena ordering him to testify by Tuesday.

Lawmakers have been eager to hear from McGahn, who was a key figure in Mueller’s Russia investigation.

The Justice Department issued a similar opinion in 2014 that found that close presidential advisors have “absolute immunity” from congressional subpoenas.


The committee’s chairman, Rep. Jerrold Nadler (D-N.Y.), has threatened to hold McGahn in contempt of Congress if he doesn’t testify.