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![handle is hein.presidents/usgvtwht0325 and id is 1 raw text is:
DOUGLAS N. LETTER BROOKS M. HANNER
GENERAL COUNSEL ASSOCIATE GENERAL COUNSEL
TODD B. TATELMAN U.S. HOUSE OF REPRESENTATIVES ADAM A. GROGG
PRINC1PALDEPUTY GENERAL COUNSEL OFFICE OF GENERAL COUNSEL ASSOCIATE GENERAL COUNSEL
MEGAN BARBERO 219 CANNON HOUSE OFFICE BUILDING SARAH E. CLOUSE
DEPUTY GENERAL COUNSEL ASSOCIATE GENERAL COUNSEL
WASHINGTON, DC 20515-6532
JOSEPHINE MORSE (202) 225-9700 WILLIAM E. HAVEMANN
DEPUTY GENERAL COUNSEL FAX: (202) 226-1360 ASSOCIATE GENERAL COUNSEL
JONATHAN B. SCHWARTZ
ATTORNEY
January 23, 2020
By CM/ECF
Mark Langer
Clerk of Court
U.S. Court of Appeals for the D.C. Circuit
333 Constitution Ave. N.W.
Room 5205
Washington, D.C. 20001
Re: Committee on the Judiciay of the United States House of Representatives v. McGahn,
No. 19-5331
Pursuant to Rule 280), we write to inform the Court that the impeachment trial
of President Trump commenced on January 21. President Trump's arguments in the
impeachment trial contradict DOJ's assertion in this case that the Committee may not
seek to enforce its subpoenas in court.
In his answer to the Articles of Impeachment, President Trump criticized the
House for not seek[ing] to enforce its subpoenas in court. Answer of President
Donald J. Trump at 5, In re Impeachment of President DonaldJ. Trump (U.S. Senate Jan. 18,
2020). President Trump's impeachment attorney similarly faulted the House
Committees for not litigating their subpoena disputes in court: So take Article III of
the United States Constitution and remove it? We're acting as if the Courts are an
improper venue to determine constitutional issues of this magnitude? That is why we
have courts. That is why we have a federal judiciary. Tr. of Senate Trial, Day 2 pt. 1
at 1:07:08-33, In Re Impeachment of President DonaldJ. Trump Uan. 21, 2020).
By contrast, DOJ argued to this Court that courts cannot hear suits brought by
a House Committee to enforce its subpoenas against the Executive Branch. E.g., Oral
Arg. Tr. at 13 (Congress, when it's asserting its institutional prerogatives, never had
standing); id. at 15 (if the courts resolv[e] a purely political dispute, a dispute
between the political branches, it risks politicizing the court and undermining public](ViewImageLocal?handle=hein.presidents/usgvtwht0325&div=1&collection=&method=preview&ext=.png&size=3)