Nadler sets Jan. 29 deadline for acting AG Whitaker to testify

Whitaker had asked to meet at least two weeks after government shutdown ends

House Judiciary Chairman Jerrold Nadler sent a letter to acting Attorney General Matthew Whitaker demanding his appearance before the committee by Jan. 29. (Bill Clark/CQ Roll Call file photo)

House Democrats sent a letter Wednesday to acting Attorney General Matthew Whitaker, demanding that he appear before the Judiciary Committee by Jan. 29 and saying that the government shutdown was no excuse for delaying his testimony.

Whitaker previously wrote to Judiciary Chairman Jerrold Nadler of New York that he would appear before the panel in mid-February “so long as the Department is at least two weeks removed from a partial government shutdown.”

Nadler rejected that proposed timeline in Wednesday’s letter to Whitaker.

“We are willing to work with you to identify a mutually identifiable date for your testimony, but we will not allow that date to slip past January 29, 2019 — the day of the President’s scheduled address to Congress, when we know you will be in Washington,” the chairman wrote.

Nadler cited internal Justice Department guidance from 1995, when the Office of Legal Counsel wrote that, in the event of a government shutdown, “the Department may continue activities such as providing testimony at hearings if the Department’s participation is necessary for the hearing to be effective.”

Whitaker spoke with House Democrats by phone in November and agreed to appear before the committee for testimony once Democrats took control of the House.

The acting attorney general is dragging his feet, Nadler suggested in his letter, while Democrats want to ask him about protecting the integrity of the Russia investigation led by special counsel Robert S. Mueller III, bills that address voting rights and immigration, and a host of other policy issues.

Whitaker has not appeared for testimony in the three months since he took over from fired Attorney General Jeff Sessions

Sessions last appeared on Nov. 14, 2017.

“It has been nearly 15 months since Attorney General Sessions testified before the Committee,” Nadler wrote in the letter Wednesday. “It is past time for the Committee to conduct oversight of the Department.”

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