In a brief order Thursday night, the D.C. Circuit set a new date of May 19 for argument before a full panel of judges. The court said there would be “no further postponements” in the case “absent exceptional circumstances.”
The House Judiciary Committee first subpoenaed McGahn in 2019, and has told the court it still needs his testimony to investigate Trump’s efforts to interfere with the investigation of former special counsel Robert S. Mueller III.
The case is before the full D.C. Circuit for a second time. U.S. District Judge Ketanji Brown Jackson, now a Biden nominee for the appeals court, initially rejected Trump’s claim that senior presidential aides have “absolute immunity” from testifying. A three-judge panel reversed the ruling before the full D.C. Circuit found that the committee has legal grounds to sue.