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https://www.axios.com/house-democrats-mcgahn-appeal-efef6cd9-3722-4b2e-87c0-e9885ab46b0a.html

“Democrats in the House lost an appeal to force former White House counsel Don McGahn to comply with a subpoena, Politico was the first to report.

Why it matters: McGahn was seen as a crucial witness in the House investigation into whether President Trump tried to obstruct the Mueller inquiry into Russian interference in the 2016 presidential election . The U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 on Friday that it did not have the authority to resolve the dispute between the executive and legislative branches.

The state of play: The decision overturns a district court ruling in November that compelled McGahn to testify before the House Judiciary Committee. But the Justice Department appealed that ruling and won in the higher court Friday.

Judge Thomas Griffith, in his majority opinion, cautioned that imposing the committee’s subpoena would amount to overreach by “unelected judges” — and risk politicizing the judicial branch.”