- The Washington Times - Friday, March 13, 2020

The federal appeals court in Washington, D.C., granted a request by House Democrats Friday to rehear cases over testimony from former White House Counsel Don McGahn and funds for President Trump’s border wall.

Both cases are scheduled to be argued before the full circuit court on April 28.

Democratic lawmakers in Congress have argued the president violated federal law by reallocating more than $8 billion from the Department of Defense to build the border wall.

They also claim Mr. Trump abused his authority by denying the lawmakers from receiving testimony from Mr. McGahn during the impeachment inquiry.

Speaker Nancy Pelosi said the court’s move to rehear the case over Congress’ authority to subpoena Mr. McGahn was a victory for the rule of law.

“The House will continue to exercise our constitutional authority to conduct legislative oversight on behalf of the American people, including by issuing our lawful and legitimate subpoenas. The American people deserve the truth,” she said.

The D.C. Circuit currently has 11 active judges, with seven appointed by a Democrat president and four by a Republican.

The two Trump appointees, Judge Gregory G. Katsas and Judge Neomi Rao did not participate in voting whether or not to rehear the two challenges.

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