A former Trump government official and attorneys for the House Intelligence Committee urged a federal judge Monday to obstruct Mick Mulvaney, the behaving White House chief of staff, by linking present litigation over a subpoena to testify from the House impeachment question.
Mulvaney sought to intervene at a lawsuit filed late last month from Charles Kupperman, President Donald Trump’s former deputy national security advisor, that called both House and Trump as defendants. Equipped with a subpoena to testify before the House and a letter in the White House counsel instructing him to not do so, Kupperman requested a federal court to rule which control he must comply.
However, before Federal District Court Judge Richard Leon ruled about that, Mulvaney requested to intervene in the lawsuit, asserting that he, too, faced the same dilemma. But in trying to combine the instance, Mulvaney place himself in the strange position of having his boss, although he promised to be hard only the home subpoena.
The two Kupperman and the House advised the judge that Mulvaney must file his instance. Kupperman’s attorneys said Kupperman did not care how the judge ruled on if he must need to comply with a congressional subpoena or ought to comply with the White House order to dismiss it.
By openly stating there was a quid pro quo from the telephone call, Mulvaney could have waived, or given up, any claim that he has to immunity against the subpoena, Kupperman’s lawyers contended. They added that permitting Mulvaney to the situation could bog down it in fresh problems that would drag out the case, as it was supposed to be disregarded because the House draw Kupperman’s subpoena.
Judge Leon advised a 5 p.m. ET phone conference call to listen to Mulvaney’s petition for in on the litigation. Since the national courts are closed for Veterans Day, it wasn’t clear how journalists can pay for the hearing. Several news organizations filed an emergency motion late Monday urging the judge to offer some way to listen on the conference call.