•   
  •   
  •   

Politics In Seeking to Join Suit Over Subpoena Power, Mulvaney Goes Up Against the President

03:00  10 november  2019
03:00  10 november  2019 Source:   nytimes.com

Mulvaney Request to Join Subpoena Lawsuit Opposed by House

  Mulvaney Request to Join Subpoena Lawsuit Opposed by House The U.S. House of Representatives opposed a request by Mick Mulvaney, President Donald Trump’s acting chief of staff, to join a lawsuit seeking a judge’s guidance whether he must comply with a subpoena to testify at impeachment hearings. © Bloomberg Mick Mulvaney Mulvaney is seeking to join a suit filed by Charles Kupperman, the former deputy of National Security Advisor John Bolton, who is seeking a ruling on whether he must testify even though he was ordered not to by the White House.

TUSCALOOSA, Ala. — Even in a White House of never-befores, this may be one of the more head-spinning: The president ’s chief of staff is trying to join a lawsuit against the president . Mick Mulvaney works only about 50 steps from the Oval Office as he runs the White House staff but rather

White House chief of staff asks to join lawsuit that seeks ruling on whether Trump advisers must testify in White House counsel Pat Cipollone has claimed senior aides to the president do not have to Mulvaney found himself in the crosshairs after admitting last month that aid was held up and The call and concerns over it became known when an intelligence services whistleblower filed an

TUSCALOOSA, Ala. — Even in a White House of never-befores, this may be one of the more head-spinning: The president’s chief of staff is trying to join a lawsuit against the president.

a person wearing a suit and tie: Jared Kushner, the president’s son-in-law and senior adviser, and Mick Mulvaney leaving Air Force One in Lexington, Ky., on Monday. The decision put renewed attention on his relationship with the president.© Doug Mills/The New York Times Jared Kushner, the president’s son-in-law and senior adviser, and Mick Mulvaney leaving Air Force One in Lexington, Ky., on Monday. The decision put renewed attention on his relationship with the president.

Mick Mulvaney works only about 50 steps from the Oval Office as he runs the White House staff but rather than simply obey President Trump’s order to not cooperate with House impeachment investigators, he sent his lawyers to court late Friday night asking a judge whether he should or not.

Mulvaney to file separate suit to fight impeachment subpoena

  Mulvaney to file separate suit to fight impeachment subpoena Mick Mulvaney, President Trump's acting chief of staff, told a federal judge that he is withdrawing from his effort to join a former White House aide's lawsuit against House Democrats and intends to file his own case in an effort to fight a subpoena as part of the impeachment inquiry. Mulvaney last week had asked to join the original case, which would have put him in the awkward position of essentially suing his own boss. That suit was filed by Charles Kupperman, a former deputy national security who was essentially asking the court for guidance on whether the president could order current and former White House officials to defy congressional subpoenas.

Democrats on the House Intelligence Committee subpoenaed Mulvaney earlier this week and threatened to hold him in contempt if he refused to comply. Like Kupperman, Mulvaney received a written directive from Cipollone saying the president was ordering him not appear for his deposition in

Mulvaney , who did not show for his scheduled testimony Friday morning, is asking a federal court to decide whether he’s obligated to follow executive branch “The question whether the President ’s authority must give way in the face of a congressional subpoena — the determination Mr. Kupperman

Sign Up For the Morning Briefing Newsletter

To obtain such a ruling, the lawyers asked to join a lawsuit already filed by a former White House official — a lawsuit that names “the Honorable Donald J. Trump” as a defendant along with congressional leaders. The lawyers tried to finesse that by saying in the body of their motion that the defendants they really wanted to sue were the congressional leaders, but their own motion still listed Mr. Trump at the top as a defendant because that is the suit they sought to join.

In effect, Mr. Mulvaney hopes the court will tell him whether to listen to his own boss, who wants him to remain silent, or to comply with a subpoena from the House, which wants his testimony. That put Mr. Mulvaney at odds with some other current White House and administration officials who had simply defied the House, citing the president’s order not to cooperate with what he called an illegitimate “witch hunt.”

Impeachment investigators subpoena Mick Mulvaney

  Impeachment investigators subpoena Mick Mulvaney Impeachment investigators subpoena Mick MulvaneyMulvaney had already signaled he would likely refuse lawmakers’ demands to testify, and the White House has issued a blanket order against cooperating with the impeachment probe.

Mick Mulvaney asks to join lawsuit on congressional subpoena enforcement in Trump Kupperman ended up defying a House subpoena in October while awaiting the decision because he worried any "The question whether the President ’s authority must give way in the face of a congressional

Mulvaney is asking to be added to a lawsuit filed last month by Charles Kupperman, who served as Trump’s deputy national security adviser and was subpoenaed by House Democrats last month to testify in their investigation into the president ’s dealings with Ukraine.

Mr. Mulvaney did not explain why he chose a different course, but his decision focused renewed attention on his relationship with Mr. Trump; it has been increasingly strained as House Democrats prepare to open public hearings into whether the president should be impeached for high crimes and misdemeanors.

“It’s symptomatic of a White House that is more dysfunctional than ever — except now it’s not just chaos, the long knives are coming out,” said Chris Whipple, the author of “The Gatekeepers,” a history of White House chiefs of staff. “Everybody, including the White House chief, seems to be lawyering up.”

Mr. Whipple could not think of any precedent for a chief of staff going to court rather than obey a president’s order. “Given that Mulvaney has been willing to do almost anything for Trump, it’s remarkable that he’s asking for a second opinion,” he said.

The House is investigating Mr. Trump for using the power of his office to pressure President Volodymyr Zelensky of Ukraine into providing incriminating information about former Vice President Joseph R. Biden Jr. and other Democrats at the same time he was holding up $391 million in congressionally approved security assistance. Mr. Mulvaney has become a key figure in the case, identified by other witnesses as a facilitator of the pressure campaign and the official who ordered the security aid frozen at Mr. Trump’s direction.

Mulvaney withdraws motion to join lawsuit over congressional testimony after pushback

  Mulvaney withdraws motion to join lawsuit over congressional testimony after pushback Mick Mulvaney just filed a notice of withdrawal of his motion to join the Kupperman lawsuit. The notice states Mulvaney's intention to refile as a separate related case.The original lawsuit, filed by Dr. Charles Kupperman was in response to a subpoena he received from House Democrats seeking his testimony in the ongoing impeachment inquiry into President Donald Trump regarding Ukraine.

Now, Mulvaney is asking to join the same federal lawsuit on the heels of skipping out on testimony House lawyers withdrew Kupperman's subpoena earlier in the week, saying they would be guided "Mr. Mulvaney is both a closer and more senior adviser to the President than was Mr. Kupperman

Mulvaney ’s move in a court filing late Friday night could breathe new life into the suit filed last month by “The question whether the President ’s authority must give way in the face of a congressional subpoena —the For that reason, Mr. Mulvaney seeks to intervene here,” Mulvaney ’s lawyers

Mr. Mulvaney told reporters last month that the aid was suspended in part to force Ukraine to investigate a conspiracy theory about supposed Ukrainian help for Democrats in the 2016 presidential election, a theory that the president’s onetime homeland security adviser, Thomas P. Bossert, had repeatedly told him was “completely debunked.” Hours after Mr. Mulvaney’s comment to reporters confirming a direct link between the aid and the president’s personal political interests, the chief of staff tried to take it back, issuing a statement saying that was not what he meant.

House investigators issued a subpoena to Mr. Mulvaney late Thursday, but he failed to show up for a House deposition scheduled for the next morning. Hours later, his lawyers went to court.

Mr. Mulvaney initially resisted getting outside legal help after some of his allies told him he did not need it. But as House Republicans have indicated that they may focus on Mr. Mulvaney’s role in the pressure campaign on Ukraine, possibly blaming him rather than the president, it has become clear that the chief of staff’s own interests may be in conflict with the White House on this issue.

Aides are counseling Trump not to fire Mulvaney, as acting chief of staff changes course again

  Aides are counseling Trump not to fire Mulvaney, as acting chief of staff changes course again Trump was particularly peeved at his acting chief of staff over a news conference related to aid to Ukraine.Trump has expressed particular anger over Mulvaney’s performance in an Oct. 17 news conference in which Mulvaney stunned White House aides by saying military aid to Ukraine was withheld to pressure its government to launch investigations that could politically benefit Trump, two of the people said. Later, Mulvaney issued a statement saying the media had misconstrued his televised comments and that “there was absolutely no quid pro quo.

Mr. Mulvaney defied a House subpoena on Friday morning, citing instructions that he Reversing himself, the president also sought to put distance between himself and Mr. Sondland, a key Ms. Hill described going home at night and watching cable television to track Mr. Giuliani’s public statements

Mulvaney is seeking to be added to the lawsuit of Charles Kupperman, the former deputy of National Security Advisor John Bolton, who previously asked “The question whether the president ’s authority must give way in the face of a congressional subpoena -- the determination Mr. Kupperman has

That left Mr. Mulvaney in the awkward position of not wanting to openly defy the White House counsel, but also not wanting to imperil himself with a possible contempt citation for ignoring a subpoena.

The White House declined to comment on the record on Saturday, but an administration official who insisted on anonymity said the legal action Mr. Mulvaney’s lawyers filed was simply a way to determine whether to comply with the House. Mr. Mulvaney, the official said, has as much right as any other American to seek relief in the courts.

A House Democratic aide, likewise declining to be identified, said the committees leading the inquiry would not be deterred and argued that because Mr. Mulvaney had discussed the matter in the news media, he had little justification to claim confidentiality when it came to the House proceedings.

Mr. Trump has grown increasingly sour on Mr. Mulvaney in recent months, according to White House insiders. The president has technically not even made Mr. Mulvaney his official chief of staff, leaving an “acting” modifier in front of the title for more than 10 months (another never-before).

Mr. Mulvaney was not among the aides who traveled with Mr. Trump to Tuscaloosa on Saturday to watch the Crimson Tide, the University of Alabama’s team, take on Louisiana State University in a major college football matchup.

Trump files to dismiss lawsuit from Bolton aide on impeachment testimony

  Trump files to dismiss lawsuit from Bolton aide on impeachment testimony President Trump on Thursday moved to dismiss a lawsuit filed by an aide to former national security adviser John Bolton seeking a ruling on whether he must comply with a congressional subpoena to testify in the House impeachment inquiry.The filing to the U.S. District Court in Washington, D.C., cited Trump's official capacity as president. In it, he sought to have a judge dismiss White House official Dr. Charles Kupperman lawsuit seeking guidance on whether he should comply with the subpoena or the president's directive not to comply.An attorney for Trump argued that the president's direction should overrule any prospective court ruling.

Mulvaney has asked to join a lawsuit brought by another of the president 's advisers challenging a congressional subpoena . That suit , filed by A lawyer for Mulvaney says his case presents the same legal issues as Kupperman's and that he is a closer and even more senior adviser to the president

Kent said Giuliani conducted a smear campaign against the envoy. “His assertions and allegations Acting White House Chief of Staff Mick Mulvaney was subpoenaed by the House Intelligence Lawmakers are also seeking to find out how much Pence knew about efforts by Trump and those

A lawyer for Mr. Mulvaney alerted the White House Counsel’s Office about the pending filing, and the office raised no objections, according to a person close to Mr. Mulvaney.

As the president spoke with reporters on Saturday before boarding Air Force One, he had nothing to say about Mr. Mulvaney’s legal action, instead issuing his ritual denunciation of the House Democrats for pursuing impeachment.

Mr. Trump did say he would release as early as Tuesday a rough transcript of his first telephone call with Mr. Zelensky congratulating him on his April election, which came before the much-debated July 25 call in which the president asked the Ukrainian leader to investigate Mr. Biden and other Democrats. “There’s never been a president who’s been so transparent,” Mr. Trump said. “This is a witch hunt at the highest level, and it’s so bad for our country.”

The motion filed by Mr. Mulvaney late Friday night sought to include him in a lawsuit by Charles M. Kupperman, the president’s former deputy national security adviser, who has also been subpoenaed by the House. Mr. Kupperman is represented by Charles J. Cooper, the same lawyer representing his former boss and longtime friend, John R. Bolton, who stepped down as the president’s national security adviser in September.

Mr. Bolton has reached an agreement with Simon & Schuster to write a book about his experiences in the White House — The Associated Press reported that it is worth $2 million — but first will have to resolve whether to testify as well. While he is not a plaintiff in Mr. Kupperman’s suit, Mr. Bolton is in effect waiting for its ruling to determine whether he will cooperate as well.

Mulvaney’s move to join impeachment testimony lawsuit rankles Bolton allies

  Mulvaney’s move to join impeachment testimony lawsuit rankles Bolton allies Former national security adviser John Bolton views the acting White House chief of staff as a key participant in the administration’s effort to pressure Ukraine.Former national security adviser John Bolton’s advisers and allies were taken aback to learn late Friday that Mulvaney had gone to court seeking to join a separation-of-powers lawsuit filed against Trump and the House leadership, according to people familiar with their views, who spoke on the condition of anonymity because of the ongoing inquiry.

Mick Mulvaney will defy a subpoena seeking his testimony before the House intel panel as part of the Democrats' impeachment investigation. Mulvaney was scheduled to testify Friday in the impeachment inquiry — but like several other administration officials, he was not expected to appear.

Mulvaney told reporters, referring to the president . The letter lists statements made by Mr. Trump on September 26 as well as other later comments that Zaid says " seek to intimidate my client -- and Impeachment updates: Mulvaney subpoenaed by House Intel Committee. During a press briefing in

Mr. Bolton may be the most sought-after witness because he resisted the pressure campaign on Ukraine and quarreled with Mr. Mulvaney over the matter. The idea that Mr. Mulvaney would then lump himself in the same legal fight with Mr. Bolton struck many involved in the matter as an odd twist.

“There’s no honor among thieves,” said Representative Gerald E. Connolly, a Democrat from Virginia who serves on two of the committees leading the impeachment investigation. “This case is filled with ironies.”

Neither Mr. Mulvaney nor his lawyers asked Mr. Kupperman, Mr. Bolton or their lawyer to join the suit, nor did they give them advance notice. Mr. Bolton and Mr. Kupperman now have to decide whether to support or oppose including Mr. Mulvaney in their action.

“The question whether the president’s authority must give way in the face of a congressional subpoena — the determination Mr. Kupperman has asked this court to make — is central to the question whether the House may take adverse action against Mr. Mulvaney, as threatened,” the lawyers, William Pittard and Christopher C. Muha, wrote in their motion. “For that reason, Mr. Mulvaney seeks to intervene here.”

The lawyers noted that Mr. Mulvaney “finds himself caught in that division, trapped between the commands of two of its coequal branches — with one of those branches threatening him with contempt.” But his situation is even more acute than Mr. Kupperman’s, the lawyers, added, and not just because he still works in the White House.

“Mr. Mulvaney is both a closer and a more senior adviser to the president than was Mr. Kupperman,” they wrote, noting that he has a cabinet-level position. “And, as the acting White House chief of staff, Mr. Mulvaney is among the most regular advisors of the president.”

Mr. Mulvaney’s decision to try to join the lawsuit was also puzzling because House Democrats have withdrawn their subpoena for Mr. Kupperman and made clear they do not want to fight a court battle to obtain his testimony or Mr. Bolton’s.

Mr. Cooper, representing Mr. Bolton, wrote to the House on Friday that his client possessed evidence important to the investigation but would not testify without a clarifying court ruling. Mr. Bolton, Mr. Cooper wrote, “was personally involved in many of the events, meetings, and conversations about which you have already received testimony, as well as many relevant meetings and conversations that have not yet been discussed in the testimonies thus far.”

Peter Baker reported from Tuscaloosa, and Maggie Haberman from New York.

Robert Blair: Top aide to White House chief of staff Mick Mulvaney refuses to testify before House impeachment inquiry .
A top aide to White House Chief of staff Mick Mulvaney, Robert Blair, has refused to testify in the House impeachment inquiry of President Donald Trump after the White House directed him not to appear for his scheduled deposition, his attorney told CNN. © Al Drago/Bloomberg/Getty Images Robert Blair, senior adviser to the White House Chief of Staff, walks to board Marine One on the South Lawn of the White House in Washington, D.C., on Wednesday, May 8, 2019. The House committees investigating Trump had scheduled Blair's deposition for Monday.

—   Share news in the SOC. Networks

Topical videos:

usr: 3
This is interesting!