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White House staff could be made to testify before Congress, according to a US Federal Judge who rejected the Trump administration’s claims of immunity.
Former White House Counsel Don McGahn will be compelled to testify to an inquiry into Russian interference in the 2016 election, according to the ruling.
It also has major implications for the impeachment inquiry against Donald Trump , which has been led by the Democrats .
In her ruling, US District Judge Ketanji Brown Jackson said: “No one is above the law.
“Executive branch officials are not absolutely immune from compulsory congressional process – no matter how many times the executive branch has asserted as much over the years – even if the president expressly directs such officials’ noncompliance.”
Donald Trump UK visit: protests, placards and puttingShow all 100 1 /100Donald Trump UK visit: protests, placards and putting Donald Trump UK visit: protests, placards and putting Britain's Prime Minister Theresa May and US President Donald Trump walk to a joint news conference holding hands
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Donald Trump UK visit: protests, placards and putting People march holding anti-Trump signs in Edinburgh while the US. President is visiting Trump Turnberry Luxury Collection Resort in Scotland
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Donald Trump UK visit: protests, placards and putting President Donald Trump and first lady Melania Trump depart from Glasgow Prestwick Airport
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Donald Trump UK visit: protests, placards and putting Trump on the back
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Donald Trump UK visit: protests, placards and putting President Donald Trump waves whilst playing a round of golf at Trump Turnberry Luxury Collection Resort
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Donald Trump UK visit: protests, placards and putting Donut TrumpScotland United Against Trump demonstrators gather at the Scottish Parliament in Edinburgh
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Donald Trump UK visit: protests, placards and putting Donald Trump plays a round of golf at Trump Turnberry
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Donald Trump UK visit: protests, placards and putting People march holding anti-Trump signs
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Donald Trump UK visit: protests, placards and putting
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Donald Trump UK visit: protests, placards and putting Trump waves form golf course
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Donald Trump UK visit: protests, placards and putting
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Donald Trump UK visit: protests, placards and putting Trump goes for a stroll
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Donald Trump UK visit: protests, placards and putting Trump blimpA giant balloon depicting US President Donald Trump as an orange baby is launched as protesters gather in the Meadows, after taking part in the Scotland United Against Trump march through the streets of Edinburgh
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Donald Trump UK visit: protests, placards and putting U.S. President Donald Trump drives his golf buggy
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Donald Trump UK visit: protests, placards and putting A Greenpeace protester flying a microlight passes over Donald Trump's resort in Turnberry
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Donald Trump UK visit: protests, placards and putting President Donald Trump and first lady Melania Trump look at the media during their arrival on Air Force One at Glasgow Prestwick Airport in Scotland
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Donald Trump UK visit: protests, placards and putting Scotland United Against Trump demonstrators gather at the Scottish Parliament in Edinburgh
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Donald Trump UK visit: protests, placards and putting Security and police teams surround the perimeter of Trmup's golf course
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Donald Trump UK visit: protests, placards and putting Scotland United Against Trump demonstrators
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Donald Trump UK visit: protests, placards and putting Teams of police officers patrol the beach outside near Trump Turnberry Luxury Collection Resort
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Donald Trump UK visit: protests, placards and putting Pro-Trump supporters demonstrate outside the US Embassy in support of President Donald Trump's visit to the UK, in London
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Donald Trump UK visit: protests, placards and putting Scottish Labour leader, Richard Leonard speaks to crowd
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Donald Trump UK visit: protests, placards and putting Ex-pat
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Donald Trump UK visit: protests, placards and putting Demonstrators hold placards near the golf resort owned by US President
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Donald Trump UK visit: protests, placards and putting Protesters wear orange face makeup
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Donald Trump UK visit: protests, placards and putting Pro-Trump supporters demonstrate outside the US Embassy in London
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Donald Trump UK visit: protests, placards and putting Trump protestors on the beach near to the Trump Turnberry resort
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Donald Trump UK visit: protests, placards and putting Protestors against the UK visit of US President Donald Trump near Aberdeen
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Donald Trump UK visit: protests, placards and putting A mounted police officer patrols anti-Trump rally
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Donald Trump UK visit: protests, placards and putting Trump supporter Bill McGibbon outside his cottage near to the Trump Turnberry resort in South Ayrshire
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Donald Trump UK visit: protests, placards and putting
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Donald Trump UK visit: protests, placards and putting Queen Elizabeth II and President Donald Trump inspect an honour guard at Windsor Castle
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Donald Trump UK visit: protests, placards and putting
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Donald Trump UK visit: protests, placards and putting Queen Elizabeth II stands with US President Donald Trump and his wife, Melania, during their visit to Windsor Castle
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Donald Trump UK visit: protests, placards and putting Donald Trump walks ahead of Queen Elizabeth
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Donald Trump UK visit: protests, placards and putting
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Donald Trump UK visit: protests, placards and putting Donald and Melania Trump listen to the Coldstream Guards, play the US national anthem next to the Queen
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Donald Trump UK visit: protests, placards and putting Protesters in Windor
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Donald Trump UK visit: protests, placards and putting US President Donald Trump and first lady Melanie Trump are greeted by Queen Elizabeth II, during an arrival ceremony with the Guard of Honour at Windsor
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Donald Trump UK visit: protests, placards and putting Queen Elizabeth II waits to greet US President Donald Trump as he arrives by helicopter
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Donald Trump UK visit: protests, placards and putting Ed Miliband joins the march
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Donald Trump UK visit: protests, placards and putting PM and President
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Donald Trump UK visit: protests, placards and putting Protestors hold banners
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Donald Trump UK visit: protests, placards and putting UK meets US
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Donald Trump UK visit: protests, placards and putting Protests at Trump visit
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Donald Trump UK visit: protests, placards and putting Trump and May
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Donald Trump UK visit: protests, placards and putting Protests at Trump visit
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Donald Trump UK visit: protests, placards and putting Protesters for the 'Stop Trump' Women's March gather in London
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Donald Trump UK visit: protests, placards and putting US President Donald Trump and Britain's Prime Minister Theresa May hold a joint press conference
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Donald Trump UK visit: protests, placards and putting Donald Trump and Theresa May attend a press conference
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Donald Trump UK visit: protests, placards and putting Demonstrators protest against the visit of U.S. President Donald Trump
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Donald Trump UK visit: protests, placards and putting Prime Minister Theresa May walks with US President Donald Trump at Chequers
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Donald Trump UK visit: protests, placards and putting Donald Trump UK protest
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Donald Trump UK visit: protests, placards and putting First Lady, Melania Trump, tries her hand at bowls
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Donald Trump UK visit: protests, placards and putting US President and British Prime Minister at Chequers
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Donald Trump UK visit: protests, placards and putting Demonstrator in Black Lives matter T-shirt
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Donald Trump UK visit: protests, placards and putting Theresa May and Donald Trump enter Chequers
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Donald Trump UK visit: protests, placards and putting Protestors wearing Donald Trump and Theresa May paper mache heads join the protest in Butler's Cross
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Donald Trump UK visit: protests, placards and putting First Lady, Melania Trump, looks on as Philip May tries bowls
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Donald Trump UK visit: protests, placards and putting American Psycho poster
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Donald Trump UK visit: protests, placards and putting First Lady, Melania Trump, reacts as she tries her hand at bowls
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Donald Trump UK visit: protests, placards and putting Donald Trump protest in London
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Donald Trump UK visit: protests, placards and putting Theresa May, Donald Trump with US ambassador to the United Kingdom Woody Johnson and British Foreign Secretary Jeremy Hunt at the start of the bilateral meeting at Chequers
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Donald Trump UK visit: protests, placards and putting Melania Trump and Philip May wave flags
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Donald Trump UK visit: protests, placards and putting Donald Trump is greeted by Theresa May
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Donald Trump UK visit: protests, placards and putting The US First Lady Melania Trump, helps children to make poppies
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Donald Trump UK visit: protests, placards and putting The handshake between Donald Trump and Theresa May
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Donald Trump UK visit: protests, placards and putting Demonstrators raise a six meter high effigy of Donald Trump
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Donald Trump UK visit: protests, placards and putting Donald Trump stands alongside Theresa May after he arrived for talks at Chequers, her country residence in Buckinghamshire
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Donald Trump UK visit: protests, placards and putting A six-meter high cartoon baby blimp of Donald Trump hovers next to the statue of former Prime Minister Winston Churchill
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Donald Trump UK visit: protests, placards and putting First Lady, Melania Trump, accompanied by Philip May, meets schoolchildren and British Army veterans
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Donald Trump UK visit: protests, placards and putting A lookalike of former British Foreign Minister Boris Johnson stands next to a person in a cage wearing a money suit and a mask of Donald Trump
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Donald Trump UK visit: protests, placards and putting Donald Trump gestures as he prepares to board Marine One to depart the US ambassador's residence Winfield House
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Donald Trump UK visit: protests, placards and putting Demonstrators stand in front of a blimp portraying US. President Donald Trump, in Parliament Square
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Donald Trump UK visit: protests, placards and putting The Prime Minister hosts President Trump and First Lady Melania at a black tie dinner with business leaders at Blenheim Palace
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Donald Trump UK visit: protests, placards and putting The Prime Minister, accompanied by husband Philip, arrive with President Trump and First Lady Melania to a black tie dinner with business leaders at Blenheim Palace
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Donald Trump UK visit: protests, placards and putting The Prime Minister and President Trump are seen holding hands, not for the first time
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Donald Trump UK visit: protests, placards and putting President Donald Trump pumps his fist during his arrival, with first lady Melania Trump, in Regent's Park
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Donald Trump UK visit: protests, placards and putting Demonstrators bang pots and pans as they gather at the US ambassador residence in Regent's Park
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Donald Trump UK visit: protests, placards and putting US President Donald Trump and US First Lady Melania Trump walk in the grounds of the US ambassador's residence Winfield House
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Donald Trump UK visit: protests, placards and putting A demonstrator protests next to the specially erected fence surrounding the US ambassador's residence
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Donald Trump UK visit: protests, placards and putting A motorcade arrives at Winfield House in London, the residence of American Ambassador to the to the Court of St James's
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Donald Trump UK visit: protests, placards and putting A presidential helicopter lands in the grounds of the US ambassador residence in Regent's Park
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Donald Trump UK visit: protests, placards and putting Protesters chant and wave placards during a demonstration outside Winfield House
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Donald Trump UK visit: protests, placards and putting he Marine One helicopter carrying US President Donald Trump and First Lady Melania Trump flies past the BT Tower
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Donald Trump UK visit: protests, placards and putting Protesters chant and wave placards during a demonstration outside Winfield House
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Donald Trump UK visit: protests, placards and putting US President Donald Trump and First Lady Melania Trump disembark from Air Force One after arriving in the UK
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Donald Trump UK visit: protests, placards and putting US First Lady Melania Trump and US President Donald Trump are greeted by US Ambassador to the United Kingdom Woody Johnson
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Donald Trump UK visit: protests, placards and putting US President Trump and Melania Trump leaving Stansted Airport
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Donald Trump UK visit: protests, placards and putting An honour guard stands to receive US President Donald Trump and US First Lady Melania Trump
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Donald Trump UK visit: protests, placards and putting Donald and Melania
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Donald Trump UK visit: protests, placards and putting US President Donald Trump and First Lady Melania Trump greet Secretary of State for International Trade Liam Fox on their arrival
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Donald Trump UK visit: protests, placards and putting US Marine Corps Osprey aircraft taking off
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Donald Trump UK visit: protests, placards and putting Us President Donald Trump and First Lady Melania Trump disembark from Air Force One
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Donald Trump UK visit: protests, placards and putting US President Trump and Melania Trump arrive at Stansted
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Donald Trump UK visit: protests, placards and putting A giant 'Human Rights Nightmare' banner is unfurled by Amnesty International activists across the river Thames on Vauxhall Bridge to protest against the visit of US President Donald Trump
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Donald Trump UK visit: protests, placards and putting US President Donald Trump waves as he arrives in the UK
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Donald Trump UK visit: protests, placards and putting An armed police officier waits on the tarmac at Stansted Airport
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Donald Trump UK visit: protests, placards and putting US President Donald Trump and Melania Trump arrive at Stansted Airport
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Donald Trump UK visit: protests, placards and putting Armed police await the arrival of US President Donald Trump at Stansted Airport
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Judge Jackson added that the president does not have the power to stop his aides responding to subpoenas from congress.
But the administration will appeal the ruling, with White House press secretary Stephanie Grisham saying: “This decision contradicts longstanding legal precedent established by administrations of both political parties.
“We will appeal and are confident that the important constitutional principle advanced by the administration will be vindicated.”
The Justice Department will seek to put the ruling on hold in the meantime, department spokeswoman Kerri Kupec said.
William Burck, an attorney for Mr McGahn, said the former White House counsel will comply with the subpoena, absent a court-imposed stay.
Republican Jerrold Nadler, the Judiciary Committee chairman, said he hoped Mr McGahn would “promptly appear before the committee.”
House Speaker Nancy Pelosi released a statement calling Jackson’s decision “yet another resounding ruling that the Administration’s claim of ‘absolute immunity’ from Congress’s subpoenas has no basis in the law or our democracy, and must immediately cease”.
The White House has argued that Mr McGahn and other witnesses have “absolute immunity” from testifying.
But such immunity “simply does not exist,” Ms Jackson wrote in a 118-page ruling.
Whether Mr McGahn has to provide all the information Congress seeks is another matter, the judge wrote.
The president may be able to assert “executive privilege” on some sensitive issues, she added.
Mr McGahn was a vital witness for Robert Mueller, whose April report detailed the president’s outrage over the investigation into Russian meddling in the 2016 election and Trump’s efforts to curtail it.
In interviews with Mr Mueller’s team, Mr McGahn described being called at home by the president on the night of 17 June, 2017, and being directed to call the Justice Department and say Mr Mueller had conflicts of interest and should be removed.
Mr McGahn declined the command, deciding he would resign rather than carry it out, the report said.
Once that episode became public in the news media, the report said the president demanded that Mr McGahn dispute the news stories and asked him why he had told Mr Mueller about it and why he had taken notes of their conversations. Mr McGahn refused to back down.
It’s unclear if Mr McGahn’s testimony would include any new revelations beyond what Mr Mueller has already released.
Mr Mueller concluded that he could not exonerate the president on obstruction of justice, but also that there was insufficient evidence to prove a criminal conspiracy between Mr Trump’s campaign and Russia .
House Democrats leading the impeachment inquiry have yet to try to force John Bolton to testify, and a subpoena for his former deputy, Charles Kupperman, to appear was withdrawn.
Democrats have said they don’t want to get bogged down in court fights over testimony.
Additional reporting by agencies
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