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Top Democrat says impeachment should proceed if McGahn ignores their subpoena — and he just responded

This will all come to a head on Tuesday

Photographer: Andrew Harrer/Bloomberg via Getty Images

A top Democrat said Monday that if the president's former attorney didn't testify before Congress on Tuesday that impeachment proceedings should begin against President Donald Trump.

And McGahn just said he will not show up.

"Mr. McGahn remains obligated to maintain the status quo and respect the president's instruction," said a statement from his attorney.

Rep. David Cicilline (D-R.I.), a member of Democratic leadership, opined that if McGahn refused the subpoena that impeachment proceedings should begin against Trump for obstruction of their investigation.

"Let me be clear, if Don McGahn doesn't testify, it is time to open an impeachment inquiry," said Cicilline on MSNBC. "The president has engaged in an ongoing effort to impede our ability to find the truth."

Cicilline reiterated his threat by tweeting it from his social media account.

"No one is above the law including the president of the United States," Cicilline added.

Earlier on Monday, House Judiciary Committee Chair Steve Nadler (D-N.Y.) excoriated the White House for telling McGahn to refuse the subpoena from Congress and simply ignore the committee hearing on Tuesday.

"He clearly does not want the American people to hear firsthand about his alleged misconduct, and so he has attempted to block Mr. McGahn from speaking in public tomorrow," said Nadler in a statement.

The White House relied on a letter from the Justice Department's Office of Legal Counsel which said that Congress could not compel McGahn to testify.

"The immunity of the President's immediate advisers from compelled congressional testimony on matters related to their official responsibilities has long been recognized and arises from the fundamental workings of the separation of powers," the letter from the OLC read.

Here's the latest in the McGahn drama:

Trump directs McGahn to skip House Judiciary testimony www.youtube.com

One last thing…
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