Politics: Mulvaney’s move to join impeachment testimony lawsuit rankles Bolton allies - - PressFrom - US
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Politics Mulvaney’s move to join impeachment testimony lawsuit rankles Bolton allies

23:40  10 november  2019
23:40  10 november  2019 Source:   washingtonpost.com

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.

Acting White House chief of staff Mick Mulvaney is seeking to join a lawsuit filed by a deputy for former national security adviser John Bolton . 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

Acting White House chief of staff Mick Mulvaney on Friday asked to join a federal lawsuit seeking a judicial ruling on whether Congress can compel President Trump’ s senior advisers to testify in the impeachment inquiry. The lawsuit was originally filed late last month by Charles Kupperman, a

White House acting chief of staff Mick Mulvaney’s last-minute effort to join a lawsuit that could determine whether senior administration officials testify in the impeachment inquiry was an unwelcome surprise to former top national security aides, highlighting internal divisions among President Trump’s advisers in the face of the probe.

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.

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

  In Seeking to Join Suit Over Subpoena Power, Mulvaney Goes Up Against the President 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 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. require(["medianetNativeAdOnArticle"], function (medianetNativeAdOnArticle) { medianetNativeAdOnArticle.

Mick Mulvaney . The lawsuit was originally filed late last month by Charles Kupperman, a former top Mulvaney ’ s request, if granted, would add further weight to a lawsuit that could have far-reaching effects on Both he and Bolton had access to private deliberations at the White House involving the

Now, Mulvaney is asking to join the same federal lawsuit on the heels of skipping out on testimony Friday. Mulvaney ' s attorneys added he should be able to join the suit not only because he faced similar conflicting orders, but also because, unlike Kupperman, Mulaney was still an active member of

The suit was filed by Bolton’s former deputy, Charles Kupperman, who is asking a federal judge to determine whether a congressional subpoena takes precedent over a White House order not to comply with the inquiry. Bolton is willing to testify if the judge rules in favor of the House, The Washingon Post previously reported.

People close to Bolton and Kupperman said the two were flabbergasted by Mulvaney’s surprise request to join the lawsuit because they and others on the national security team considered Mulvaney a critical player in the effort to get the Ukrainian government to pursue investigations into Trump’s political opponents.

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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.

Here’ s what you need to know: Transcripts of testimony from Fiona Hill and Lt. Col. Alexander Vindman released. Republicans add a Trump ally to the Intelligence Committee for public hearings. Mulvaney ignored a subpoena to be questioned by House investigators.

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

Bolton views Mulvaney as a key participant in the pressure campaign, a situation that the then-national security adviser referred to derisively as “a drug deal,” according to congressional testimony by his aides. The two men were barely on speaking terms when Bolton left his post in September, according to White House officials.

Charles Cooper, a lawyer for Bolton, declined to comment on Mulvaney’s effort to join the suit, saying only, “We will provide our answer in court.”

John R. Bolton wearing glasses: Former national security adviser John Bolton was alarmed by the efforts to pressure Ukraine, his former aides have testified.© Sergei Gapon/AFP/Getty Images Former national security adviser John Bolton was alarmed by the efforts to pressure Ukraine, his former aides have testified. William Pittard, an attorney for Mulvaney, said the chief of staff is simply seeking to resolve the competing demands of two branches of government.

“As acting chief of staff, Mr. Mulvaney intends to follow any lawful order of the president and has no reason to think that the order at issue is unlawful — other than the fact the House has threatened him with charges of contempt and obstruction for following it,” Pittard said.

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.

Mr. Mulvaney himself failed to appear on Friday for a scheduled deposition in the inquiry, a day after Mr. Bolton . Their absences underscored dilemmas impeachment investigators face as they wrap up weeks of private fact-finding and look toward public hearings beginning next week.

Mulvaney , who did not show for his scheduled testimony Friday morning, is asking a federal court to decide Kupperman, who left the administration when National Security Adviser John Bolton exited in It’s unclear how the lawsuit will proceed, pending if Mulvaney ' s motion to join as a plaintiff is

Lawrence Tribe, a constitutional law expert at Harvard Law School, said Mulvaney’s last-minute move could be an attempt to give himself legal cover to put off the House demand. By attaching himself to the Kupperman case, Mulvaney could avoid having to testify in the House inquiry for months if the suit is appealed all the way to the Supreme Court.

“I think he’s trying to be shielded from having to obey his legal duty to comply with an obviously valid subpoena,” Tribe said.

Bolton and Mulvaney are key potential witnesses in the House impeachment inquiry, but have so far refused to comply with requests to testify because of the White House claims that senior advisers have “absolute immunity” from cooperating with the congressional probe.

Trump has repeatedly urged aides not to cooperate and was a key writer of a lengthy White House letter that decried the process, officials said.

Mulvaney had previously signaled he would follow the president’s direction and not show up at the hearings, and his top aides also have rebuffed House requests for their testimony.

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.

Mick Mulvaney asks to join lawsuit on congressional subpoena enforcement in Trump impeachment probe. Mulvaney ' s lawyers argued their intervention in the lawsuit would lead to a ruling clarifying whether A decision in the lawsuit could also have ramifications for the potential testimony of Bolton .

Mulvaney was subpoenaed by Congress earlier this week and ordered to appear in front of the Intelligence Committee, but White House counsel instructed him not to After failing to appear before the committee Friday morning, Mulvaney made a court filing that night asking to join the lawsuit .

a man standing in front of a curtain: Acting White House chief of staff Mick Mulvaney listens as President Trump speaks with Brazilian president Jair Bolsonaro in the Oval Office on March 19.© Jabin Botsford/The Washington Post Acting White House chief of staff Mick Mulvaney listens as President Trump speaks with Brazilian president Jair Bolsonaro in the Oval Office on March 19. The acting chief of staff’s legal filing Friday signals a shift in his approach toward the inquiry. Mulvaney is now attempting to join a lawsuit filed by officials who have signaled they would defy the White House and testify to Congress if so ordered.

In going to court, Mulvaney appears to have acted on his own, hiring a private attorney to intervene in the suit. Typically, the White House Counsel’s Office and the Justice Department would be involved in legal matters regarding the White House chief of staff.

The White House did not respond to a request for comment.

Pittard said Mulvaney’s legal action was necessary to get clarity from the courts at a time when he faces an order from the White House not to comply and threats of contempt from the House.

“He is genuinely caught between two conflicting orders.” Pittard said. “He intends to follow the orders of his boss, the president, yet doing so has led to threats from the House. Asking the court to resolve a genuine conflict like this is not unreasonable in the least.”

Pittard said White House Counsel Pat Cipollone was consulted before Mulvaney went to court and raised no objections. Mulvaney’s legal filing, Pittard added, makes clear his action is aimed at the House, not the president.

Feud Between Trump Advisers Underscores a White House Torn by Rivalries

  Feud Between Trump Advisers Underscores a White House Torn by Rivalries President Trump’s chief of staff and former national security adviser clashed in court on Monday. Two new books describe how top aides to the president secretly plotted to circumvent him. And nearly every day brings more testimony about the deep internal schism over the president’s effort to pressure Ukraine for domestic political help. In the three years since his election, Mr. Trump has never been accused of running a cohesive, unified team. But the revelations of recent days have put on display perhaps more starkly than ever the fissures tearing at his administration.

Mulvaney has asked to join a lawsuit brought by another of the president' s advisers challenging a congressional subpoena. This week, a dozen Trump administration figures, including high-profile names like Mulvaney and Bolton , declined to appear before the Democratic-led panel.

On Friday night, Mulvaney asked to join a lawsuit filed by a more junior aide which asks a judge to decide whether he should testify. The move indicated a key Republican tactic: to steer argument towards supposed wrongdoing regarding Ukraine involving Trump’ s enemies, not the president.

“This is non-adversarial toward the president, and in no way indicates any distance between Mr. Mulvaney and the president,” said a person close to Mulvaney, who spoke on the condition of anonymity to describe his thinking.

However, the suit Mulvaney seeks to join lists the president and House leaders as defendants.

The unusual legal maneuvering lays bare a deepening divide among top advisers to Trump as House impeachment investigators continue to gather evidence about the effort to pressure Ukraine to open investigations into his political opponents.

Mulvaney has acknowledged that he blocked releasing nearly $400 million in military aid to Ukraine at the president’s request. In an October news conference, Mulvaney said he withheld the aid because of the president’s interest in having Ukraine investigate a discredited theory that Ukrainians interfered in the 2016 campaign. Mulvaney later said his comments were misinterpreted.

If Bolton is ordered to testify, he is expected to corroborate the accounts of former aides — such as Lt. Col. Alexander S. Vindman and adviser Fiona Hill — who testified that Bolton was alarmed that military aide was being withheld from Ukraine as the president and his aides pushed that country to open investigations that could damage Democrats.

In a letter to House Democrats on Friday, Cooper wrote that Bolton 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.”

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.

John Bolton ' s failure to appear with impeachment investigators makes it unlikely he will provide testimony about Trump' s handling of Ukraine. Democrats indicated they have no interest in a drawn-out court fight over Bolton ’ s testimony or that of any others as they move into a more public phase

Mick Mulvaney : new testimony draws Trump chief of staff into Ukraine scandal. Read more. Testimony released this week has painted a damning picture of attempts to persuade Ukraine to On Friday night, acting White House chief of staff Mick Mulvaney asked to join a lawsuit that seeks a

Congressional investigators have not yet subpoenaed Bolton, though they have sought his appearance, a request Cooper said he would decline without a subpoena and an instruction from the courts.

In his letter Friday, Cooper emphasized that Bolton and Kupperman’s testimony was particularly important and sensitive because of the role they played in national security matters.

“Information concerning national security and foreign affairs is at the heart of the Committees’ impeachment inquiry, and it is difficult to imagine any question that the Committees might put to Dr. Kupperman that would not implicate these sensitive areas,” he wrote.

He noted that Kupperman and Bolton could receive special immunity from testifying because they are part of “an exceedingly narrow category of aides entrusted with discretionary authority in such sensitive areas as national security or foreign policy.”

Mulvaney’s legal filing could breathe new life into the Kupperman suit after House lawyers withdrew their subpoena of him last week and asked for the case to be dismissed. Instead, the House said it would look to another case involving former White House counsel Donald McGahn, which is more advanced, as a key test case.

However, presiding U.S. District Judge Richard Leon declined to dismiss the Kupperman suit. Late Saturday afternoon, Leon ordered lawyers for Mulvaney, Kupperman, Bolton and the government to join him in a conference call Monday afternoon to discuss Mulvaney’s request and how to proceed.

tom.hamburger@washpost.com

carol.leonnig@washpost.com

josh.dawsey@washpost.com

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.

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