Trump preparing to tell McGahn to defy House subpoena: report

President TrumpDonald John TrumpTrump cites tax cuts over judges as having biggest impact of his presidency Trump cites tax cuts over judges as having biggest impact of his presidency Ocasio-Cortez claps back at Trump after he cites her in tweet rejecting impeachment MORE is reportedly preparing to order former White House counsel Don McGahn to not comply with a House Judiciary Committee subpoena for his testimony. 

The New York Times, citing a person briefed on the matter, reported on Monday afternoon Trump is set to tell McGahn to skip a hearing scheduled for Tuesday. 

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A person familiar with the president's plans told the Times the Trump administration was planning to give McGahn a legal opinion from the Department of Justice that justifies skipping the hearing. 

McGahn could risk a contempt of Congress citation if he abides by the White House's instructions. 

The House Judiciary Committee wants to hear from McGahn to gather more information about special counsel Robert MuellerRobert (Bob) Swan MuellerKamala Harris says her Justice Dept would have 'no choice' but to prosecute Trump for obstruction Kamala Harris says her Justice Dept would have 'no choice' but to prosecute Trump for obstruction Dem committees win new powers to investigate Trump MORE's probe. 

The White House declined to comment to the Times about the matter. The White House did not immediately respond to a request for comment from The Hill. 

McGahn has already defied a subpoena from Congress once, when the White House earlier this month ordered him not to turn over to the Judiciary Committee documents he provided to Mueller during the special counsel's investigation because Trump was considering asserting executive privilege to block their release.

Trump on May 8 invoked executive privilege over Mueller's full report and underlying evidence. 

The move marked the first time Trump used executive privilege to block House Democrats' investigations into his administration, campaign and business. 

McGahn gained increased attention in April following the release of Mueller's report on his investigation into Russian election interference and Trump. The report said that Mueller didn't find sufficient evidence to conclude a conspiracy between the 2016 Trump campaign and Moscow took place. 

The report noted that Mueller did not come to a conclusive determination regarding obstruction of justice. It also included several instances of possible obstruction of justice, including Trump's alleged request of McGahn to fire Mueller.

McGahn refused to follow through on the request, according to Mueller's report, saying "that he would resign rather than trigger what he regarded as a potential Saturday Night Massacre."

Democrats have said that testimony from individuals like McGahn would help them further understand Mueller's investigation. Trump has already indicated that he would try to block McGahn from testifying. 

He told Fox News earlier this month that he didn't think he could allow McGahn to testify and then block other White House aides from cooperating in House Democrats' investigations. 

Updated at 2:47 p.m.