US Circuit Court Judge Ketanji Brown Jackson, who is viewed as President Joe Biden's likely Supreme Court pick, once issued a 118-page opinion that torched the Trump administration for arguing that former White House counsel Don McGahn didn't have to cooperate with Congress.
Jackson wrote that Presidents are not kings and that current and former employees of the White House work.
The White House had argued for months that Don McGhan did not have to testify before the House about Russian interference in the election. Trump directed McGhan to not comply with a congressional subpoena as part of his administration's near complete refusal to comply with congressional oversight.
The DOJ's assertion that the absolute immunity that senior-level presidential aides possess is owned by the President and can be invoked by him to overcome their will to testify is a proposition that cannot be squared.
Jackson, a former clerk to Justice Stephen Breyer, is seen as the likely pick by Biden to replace him on the high court. Biden promised to name a Black woman to the court, which would make Jackson a historic selection and only the third Black person to become a Supreme Court justice.
During her Senate confirmation hearing in April 2021, some Senate Republicans zeroed in on Jackson's opinion. Jackson was nominated by Biden to the DC appeals court, which is seen as a stepping stone to the Supreme Court.
The Washington Post reported that Sen. Tillis tried to connect Jackson's decision in the McGhan case to the growing interest in her serving on the Supreme Court.
Jackson said that he knows what his obligations are, not to rule with partisan advantage in mind, not to tailor or craft his decisions in order to try to gain influence or do anything of the sort.
The court fight between McGahn and Trump lasted for months. Two years after the fight over his testimony began, McGahn agreed to appear.
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