The appeals court is considering a dispute between the administration and a House Committee

This is a subpoena sent to former White House chief lawyer Don McGahn.

The court of appeals for the District of Columbia on Tuesday heard arguments from the parties in a historic dispute between the administration of President Donald Trump and the House of Representatives about the scope of congressional authority to request documents and testimony.

The question is whether the House Committee can file a lawsuit to get a subpoena to obtain testimony from former White House chief lawyer Donald McGahn.

“Disputes between different branches of government about their constitutional prerogatives have occurred since the Foundation of (the country), but lawsuits between them are a new and unauthorized tactic,” Hashim Muppan, a lawyer representing the administration, said.

Judge Judith Rogers was skeptical of the idea that the courts could not interfere in disputes between the Executive branch and Congress.

In February, a three-judge panel ruled in favor of President Trump, saying the court should not interfere in settlement of the dispute.

However, the court said that 9 of its 11 judges would like to review the ruling.

The House Judiciary Committee wants to get McGahn’s testimony about Trump’s attempts to obstruct the investigation into Russian interference in the election, which was led by Special Prosecutor Robert Mueller.

McGahn refused to testify after the administration recommended that he ignore the subpoena. The Justice Ministry insists that senior presidential advisers have “absolute immunity” and that the courts do not have the authority to settle such disputes.

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