They say bad facts make bad law. But here is a case of bad law making bad facts.

The United States Court of Appeals for the D.C. Circuit, in a rare ruling by the full court, held 7–2 that former Trump White House counsel Don McGahn must honor a House subpoena issued in connection with the Judiciary Committee’s impeachment inquiry.

Nevertheless, this does not decide the issue that is actually important: What questions must McGahn answer?

Some readers may recall that I flagged this issue last November. That’s when an Obama-appointed D.C. district court judge, Ketjani Brown Jackson, issued a tendentious, occasionally incoherent 120-page decision holding that McGahn must honor the subpoena issued by the Judiciary Committee chaired by Jerry Nadler (D., N.Y.), the Trump-impeachment crusader. Obviously, the Committee wants to question McGahn about some of the episodes outlined in Volume II of the Mueller Report, which outlines the prosecutors’ obstruction investigation.