“This Court has no doubt that further delay of the Judiciary Committee’s enforcement of its valid subpoena causes grave harm to both the Committee’s investigation and the interests of the public more broadly,” Jackson wrote.

Last week, Jackson decided Trump couldn’t claim “absolute immunity” to prevent his former aides from testifying under oath. But she also later agreed to a seven-day freeze on her opinion to hear out the Justice Department on its arguments for a longer-term hold pending the appeal.

In the meantime, the department has backstopped itself against Jackson’s decision to reject its stay request. It has already secured a Jan. 3 hearing on its appeal before a three-judge panel that includes two appointees of past Republican presidents.

It’s also expected to win a longer-term stay of Jackson’s decision through the next month considering that the appellate court did just schedule arguments that would be of little importance if McGahn had already been required to appear.

Also last week, the Justice Department said it would keep on fighting if it lost its requests for a stay at the D.C. Circuit. In a request for an emergency decision from the appellate court, the department said it still had enough time to petition the Supreme Court should it fail to win a reprieve from the D.C. Circuit.

Chief Justice John Roberts would be first to rule on an administrative stay to halt enforcement of the House subpoena against McGahn. But five justices would need to give the OK to grant anything longer than a temporary stay.