NEW YORK _ A federal appeals court has set aside President Donald Trump's victory last month in a ruling that called congressional oversight of the White House into question.
In a ruling Friday, the court in Washington agreed to have a larger panel of judges review a Feb. 28 decision dismissing a House lawsuit seeking the testimony of former White House counsel Don McGahn. The court said in the prior ruling that it lacked jurisdiction to decide a dispute between the executive and legislative branches. The rehearing is scheduled for April 28.
Friday's order represents a significant setback for Trump, who was using the McGahn ruling to bolster his resistance to congressional oversight in several high-profile cases. The administration has invoked it to request the dismissal of a House Democratic lawsuit that has been seeking his tax returns and other financial information.
On Thursday, almost 100 former members of Congress and executive branch officials urged the appeals court to reconsider the McGahn ruling, arguing that it could "cripple" the ability of Congress to get information it needs to investigate overreach and lawbreaking by the executive branch.
The former officials "fear that the panel decision will destabilize the constitutional checks and balances our founders fought so hard to establish _ with potentially devastating consequences for the long-term stability of our democracy," the group said in a joint filing.
Even in the earlier ruling there were hints of disagreement among the Circuit Court judges.
"The Constitution does not vest federal courts with some 'amorphous general supervision of the operations of government,'" Circuit Judge Thomas Griffith wrote for the majority, quoting in part from an earlier decision.
In her dissent, Circuit Judge Judith Rogers expressed concern that the White House would now be unrestrained in asserting privilege. The majority's decision "all but assures future Presidential stonewalling of Congress," she said.
