By Francesca Chambers, Senior White House Correspondent For Dailymail.com
Published: 20:38 BST, 20 May 2019 | Updated: 21:26 BST, 20 May 2019
President Donald Trump will not allow former White House Counsel Don McGahn to testify to Congress about claims he made that appeared in the special counsel report.
House Judiciary Chairman Jerrold Nadler issued McGahn a subpoena for testimony at a May 21 hearing to be held at 10:00 am.
The Department of Justice advised the White House on Monday that Trump had the power to assert 'immunity' from compelled testimony for top advisers, however.
DOJ relied on a 2014 Office of Legal Counsel opinion to make the judgement.
It cross-applied the preview standard in a new opinion that said immunity from testifying about about official responsibilities is 'fundamental' to maintaining the separation of powers between the executive and legislative branches.
'Those principles apply to the former White House Counsel. Accordingly, Mr. McGahn is not legally required to appear and testify about matters related to his official duties as Counsel to the President,' a 15-page document singed by an assistant attorney general said.