Jerry Nadler

The Justice Department on Monday smacked down House Judiciary Chairman Jerry Nadler in an 8-page memorandum explaining why Don McGahn has immunity from testifying to Congress.

Nadler is fuming over the Justice Department’s decision on McGahn and said the President’s former counsel ‘must appear as legally required.’

“The Mueller Report documents a shocking pattern of obstuction of justice. The President acted again and again — perhaps criminally — to protect himself from federal law enforcement,”Nadler said in a statement Monday. “Don McGahn personally witnessed the most egregious of these acts. President Trump knows this. He clearly does not want the American people to hear firsthand about his alleged misconduct, and so he has attempted to block Mr. McGahn from speaking in public tomorrow.”

Nadler asserted that the DOJ giving McGahn is “the latest act of obstruction from the White House,” adding, “The Committee will convene as planned tomorrow morning and Mr. McGahn is expected to appear as legally required.”

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Nadler will bring the gavel down to an empty chair tomorrow just like he did when Attorney General Bill Barr was a no-show to a previous hearing. Pathetic.

.@RepJerryNadler statement: “The Committee will convene as planned tomorrow morning, and Mr. McGahn is expected to appear as legally required." pic.twitter.com/j1FRv8q0VX — Mike Memoli (@mikememoli) May 20, 2019

“Congress may not constitutionally compel the President’s senior advisors to testify about their official duties,” the DOJ said in its 8-page memorandum to Nadler earlier Monday.

The White House on Monday blocked former White House counsel Don McGahn from testifying about obstruction of justice events related to the Mueller investigation.

Mr. McGahn was requested to appear before the House Judiciary Committee on May 21st and previously defied a House Judiciary subpoena that requested a trove of documents.

Nadler said last month that Don McGahn is a “critical witness to many of the alleged instances of obstruction of justice and other misconduct described in the Special Counsel’s report.”

The Justice Department in a legal opinion argued the separation of powers and said McGahn has “immunity” from being compelled to testify about his official duties.

“This immunity applies to the former White House Counsel. Accordingly, Mr. McGahn is not legally required to appear and testify about matters related to his official duties as Counsel to the President,” the memo, which was written by Assistant Attorney General Steve Engel stated. “Congress could not lawfully exercise any inherent contempt authority against Mr. McGahn for asserting immunity. The constitutional separation of powers bars Congress from exercising its inherent contempt power in the face of a presidential assertion of executive privilege.”

You’ll get nothing and like it, Nadler.