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Politics Mulvaney withdraws motion to join lawsuit over congressional testimony after pushback

01:50  12 november  2019
01:50  12 november  2019 Source:   abcnews.go.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.

The original lawsuit , filed by Dr. Charles Kupperman was in response to a subpoena he received from House Democrats seeking his testimony in the The House asked the judge to dismiss Kupperman's case on Wednesday after they withdrew their subpoena for Kupperman's testimony , arguing that

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 former

Acting White House chief of staff Mick Mulvaney filed a notice of withdrawal of his motion to join an ongoing lawsuit filed last month.

John R. Bolton wearing a suit and tie: Former National security adviser John Bolton speaking at the Center for Strategic and International Studies in Washington, Sept. 30, 2019.© Pablo Martinez Monsivais/AP, FILE Former National security adviser John Bolton speaking at the Center for Strategic and International Studies in Washington, Sept. 30, 2019.

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.

Monday afternoon, attorneys for the House Democrats and the former deputy national security adviser jointly filed with a federal judge saying Mulvaney should not be able to join the lawsuit.

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.

House Democrats withdrew a subpoena for Kupperman’s testimony Wednesday, suggesting they would continue with the impeachment probe without hearing testimony It’s unclear how the lawsuit will proceed, pending if Mulvaney 's motion to join as a plaintiff is approved, and whether House

On Saturday, Mulvaney 's attorney William Pittard filed a motion requesting to join the suit , arguing "The question [of] whether the President's authority must give way in the face of a congressional Ex-official opposes Mulvaney effort to join lawsuit over testimony . An attorney for Charles Kupperman

Kupperman was subpoenaed by House Democrats on Oct. 25, that subpoena has since been withdrawn. The House asked the judge to dismiss Kupperman's case on Wednesday after they withdrew their subpoena for Kupperman's testimony, arguing that the case was obsolete without the subpoena.

The president's former deputy national security adviser shares the same attorney with his former boss, ex-national security adviser John Bolton, who has rejected a House invitation for testimony. He has not be subpoenaed at this point in time.

Mick Mulvaney wearing a suit and tie: Mick Mulvaney speaks in the White House briefing room in Washington, Oct. 17, 2019.© Evan Vucci/AP, FILE Mick Mulvaney speaks in the White House briefing room in Washington, Oct. 17, 2019. (MORE: Trump's chief of staff Mulvaney defies subpoena in impeachment probe)

In their filing on Monday, Democrats argued "this case is moot … (and) the subpoena to Kupperman, which provides the sole basis for the injury he asserts in his complaint, has been withdrawn." Therefore, Mulvaney should not be allowed to intervene. Democrats added that Mulvaney's intervention should be thrown out even if the "case were not moot." Democrats claimed that "Mulvaney is differently situated from Kupperman in several important respects that make clear that he lacks a cognizable interest in Kupperman's case."

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.

Mulvaney asks to join lawsuit over complying with impeachment inquiry subpoena. The suit was filed by Charles Kupperman, a former deputy national security adviser under John Bolton. An attorney for Mulvaney noted in a motion to intervene in the case that the House was threatening to hold his

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 But on Wednesday, House lawyers said they had withdrawn Kupperman’s subpoena to avoid a delay

On the other hand, Kupperman's attorney, Charles Cooper, also argued Mulvaney should not be able to join the suit but for different reasoning. Cooper in his filing argued that Kupperman is neutral, and noted that Mulvaney is not, writing in part, "Mulvaney has made it clear that he supports the Executive, and he accordingly seeks declaratory relief against only the House Defendants."

(MORE: Former National Security official asks judge if he must testify in impeachment probe)

Attorneys also pointed out that Kupperman is no longer part of the administration, unlike Mulvaney.

Mulvaney's notice on Tuesday evening states his intention to refile as a separate, related case.

Kupperman filed his case shortly after he was subpoenaed, asking a judge to decide whether he must submit to questioning in the House impeachment inquiry.

The case is the latest twist in White House efforts to block all former and current administration officials from testifying or otherwise cooperating with the Democrat-led probe.

The White House had maintained that Kupperman is entitled to what it calls constitutional immunity, arguing, "Congress may not constitutionally compel the president's senior advisers to testify about their official duties" due to the separation of powers between the executive and legislative branches.

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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