The Trump administration told the House Judiciary Committee former White House counsel Don McGahn will not testify Tuesday, despite the committee's subpoena.
McGahn's lawyer confirmed Monday that his client will not appear at Tuesday's hearing. In a letter, his lawyer said: "It is our view that the Committee's dispute is not with Mr. McGahn but with the White House. Mr. McGahn remains obligated to maintain the status quo and respect the President's instruction."
The committee wanted McGahn to answer questions related to special counsel Robert Mueller's report. The announcement that he won't show comes just five days after the White House told the committee to "discontinue the inquiry" into President Donald Trump.
On Monday, the assistant AG sent White House counsel Pat Cipollone a 15-page letter outlining the DOJ's stance that executive privilege prevents Congress from forcing McGahn to testify or release certain documents.
In a statement on Monday, press secretary Sarah Sanders also denounced the House panel's inquiry, saying, "The Democrats do not like the conclusion of the Mueller investigation — no collusion, no conspiracy, and no obstruction — and want a wasteful and unnecessary do-over."
The House Judiciary Committee already voted to hold Attorney General William Barr in contempt for not handing over the complete, unredacted Mueller report. The committee's chairman has threatened to hold McGahn in contempt if he doesn't appear.