By Sophie O’Hara | March 1, 2020

As we all know, the Democrat’s efforts to impeach Trump completely blew up in their face and now even weeks after his acquittal they’re still facing blowback from their incompetent actions.

President Trump recently scored another victory against the Democrats, namely Jerry Nadler, when the U.S. Court of Appeals D.C. ruled that former White House lawyer Don McGahn could defy subpoenas issued by the House Judiciary Committee to testify.

The U.S. Court of Appeals for the District of Columbia issued a 2-1 decision on Friday that stated McGahn does not have to comply with a House subpoena, overruling a previous lower court decision. The House Judiciary Committee attempted to obtain testimony from McGahn in April on matters relating to special counsel Robert Mueller’s investigation into Russian election interference, but the White House blocked him from testifying.

While the subpoena came well before the chamber’s impeachment investigation, Democrats viewed a potential testimony from the former White House counsel as important to the process despite the articles of impeachment centering around events that occurred after McGahn left the White House.  [Washington Examiner]

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According to law school professor Jonathan Turley, the federal court’s decision completely vindicated Trump by demolishing Democrats’ second article of impeachment, which claimed that Trump had obstructed Congress by having officials ignore congressional subpoenas.

“The White House is vindicated in showing that it had valid constitutional arguments to make — arguments ridiculed at the Senate trial,” Turley explained.

“I do not agree with the court’s analysis but I felt that Trump had a right to seek judicial review. Now that judicial review has shown that the court agrees with his constitutional position. It reaffirms the historic blunder of the House in rushing this impeachment,” he continued.

Turley went on to characterize the second article of impeachment, in light of the court’s ruling, as “a case of prosecutorial excess, if not abuse.” [The Blaze]

Rather than wait for courts to review immunity and privilege arguments, the House impeached Trump for seeking judicial review. Now the court says that he was right in raising his constitutional objections. Article 2 now looks like a case of prosecutorial excess, if not abuse.

— Jonathan Turley (@JonathanTurley) February 28, 2020

Turley is right on the money.

This decision by the U.S. Court of Appeals completely torpedos a key portion of the Dems argument of “obstruction.”

This piece originally appeared on WayneDupree.com and is used by permission.

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