quinn emanuel trial lawyers washington, dc 1300 I Street NW, Suite 900, Washington, District of Columbia 20005-3314 TEL (202) 538-8000 FAX (202) 538-8100 WRITER'S DIRECT DIAL NO. (202) 538-8120 WRITER'S EMAIL ADDRESS williamburck@quinnemanuel.com May 20, 2019 VIA E-MAIL The Honorable Jerrold Nadler Chairman United States House of Representatives Committee on the Judiciary Washington, DC 20515-6216 HJUD.Correspondence@mail.house.gov Dear Chairman Nadler, I am in receipt today of two documents provided by the White House Counsel’s Office: first, a letter from the Honorable Pat A. Cipollone, the current Counsel to the President of the United States, informing me that the President has directed that my client, Donald F. McGahn, not appear at the Committee’s hearing scheduled for tomorrow, Tuesday, May 21, 2019, at 10:00am EDT; and second, a memorandum from the Honorable Steven A. Engel, Assistant Attorney General for the Office of Legal Counsel at the Department of Justice, to Mr. Cipollone advising him that Mr. McGahn, as a former senior advisor to the President, is immune from compelled congressional testimony. As you know, OLC performs the vital role of providing legal advice to the President and executive branch agencies. Consistent with that advice as reflected in Mr. Engel’s memorandum, the President has unambiguously directed my client not to comply with the Committee’s subpoena for testimony. As with the subpoena for documents, Mr. McGahn again finds himself facing contradictory instructions from two co-equal branches of government. The direction from the President finds further support in Mr. Engel’s detailed and persuasive memorandum. Under these circumstances, and also conscious of the duties he, as an attorney, owes to his former client, Mr. McGahn must decline to appear at the hearing tomorrow. Mr. McGahn understands from your prior correspondence that the Committee would vote to hold him in contempt should he not appear tomorrow and the House of Representatives may follow suit. While we disagree with the Committee’s position and hope it will instead seek an accommodation with the White House, Mr. McGahn also must honor his ethical and legal quinn emanuel urquhart & sullivan, llp LOS ANGELES NEW YORK SAN FRANCISCO SILICON VALLEY CHICAGO WASHINGTON, DC HOUSTON SEATTLE BOSTON SALT LAKE C ITY LONDON TOKYO MANNHEIM HAMBURG PARIS MUNICH SYDNEY HONG KONG BRUSSELS ZURICH SHANGHAI PERTH STUTTGART obligations as a former senior lawyer and senior advisor to the President. In short, it is our view that the Committee’s dispute is not with Mr. McGahn but with the White House. Mr. McGahn remains obligated to maintain the status quo and respect the President’s instruction. In the event an accommodation is agreed between the Committee and the White House, Mr. McGahn will of course comply with that accommodation. Sincerely, William A. Burck cc: Honorable Doug Collins, Ranking Member Enclosures 2