House Judiciary Committee Chairman Jerry Nadler (D-NY) told CNN on Monday night that the committee would hold ex-White House counsel Don McGahn in contempt if he didn’t appear to testify Tuesday. “Well, first thing we’re gonna do is we’re gonna have to hold McGahn in contempt—then we’re gonna pass a resolution in the House enforcing our contempt citations against Barr and McGahn and seek to enforce those subpoenas in court,” Nadler told CNN’s Chris Cuomo. The White House released a Justice Department memo earlier Monday concluding that McGahn did not have to testify before Congress, and the former counsel’s lawyer said President Trump “unambiguously directed” his client “not to comply with the committee’s subpoena for testimony.” Nadler called Trump’s actions an example of “dealing with a lawless president who is willing to go to any lengths to prevent testimony” that could implicate him. “The recalcitrance of the president and his lawless behavior is making it more and more difficult to ignore all alternatives including impeachment,” he told CNN, adding that Trump is not “above the law” and Congress may pursue impeachment.