Kupperman’s House testimony had been set for Monday, but Kupperman didn’t show up, citing White House and Justice Department reasoning that he was immune from testifying because of his previous work on the National Security Council.
Leon will meet the parties in court at 3 p.m. on Thursday, “due to the time-sensitive nature of the issues raised in this case,” Judge Richard Leon of the DC District Court wrote Monday night.
Kupperman’s lawsuit raises additional questions about possible testimony from former national security adviser John Bolton, as Kupperman’s lawyer Charles Cooper also represents Bolton.
“Plaintiff is faced with irreconcilable commands by the Legislative and Executive Branches of the Government and, accordingly, seeks a declaratory judgment from this Court as to whether he is lawfully obliged to comply with a subpoena issued by the House Defendants demanding his testimony ‘(p)ursuant to the House of Representatives’ impeachment inquiry,’ or he is lawfully obliged to abide by the assertion of immunity from congressional process made by the President in connection with the testimony sought from Plaintiff,” the lawsuit states.
Kupperman’s lawsuit includes a copy of a letter that White House counsel Pat Cipollone sent to Cooper directing Kupperman not to comply with the subpoena and maintaining that he would be protected by “constitutional immunity.”
The vote signals a shift into the next stage of the investigation following several weeks of closed-door depositions, as Democrats said the resolution would establish rules for public hearings, provide due process rights for the White House and allow information to be transferred to the committee that would ultimately consider the articles of impeachment.