John Bolton’s former deputy asks judge to decide if he can testify to the impeachment inquiry

John Bolton’s former deputy has asked a judge to decide if he can testify to the impeachment inquiry after Donald Trump invoked ‘constitutional immunity’ to stop him.

In a lawsuit filed Friday Charles M. Kupperman asked for the ruling to be made ahead of the showdown on Monday, The New York Times reports.

Kupperman, who has since left the White House, was set to be a key witness after he was subpoenaed by House Democrats.

But after the White House announced Friday that the president had invoked ‘constitutional immunity’ the former deputy national security adviser is said to need guidance on ‘which branch’s command should prevail’.  

The suit, filed in federal court in Washington, states: ‘Plaintiff obviously cannot satisfy the competing demands of both the legislative and executive branches, and he is aware of no controlling judicial authority definitively establishing which branch’s command should prevail.’ 

The lawsuit filed Friday will raise questions on whether John Bolton (pictured) can give evidence too. Democrats believe both Kupperman and his former boss, pictured, who were both close advisers of Trump and longtime Republicans, could be key witnesses

It adds: ‘Mr. Kupperman 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 ‘pursuant 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.’. 

Kupperman’s lawyer, Charles J. Cooper, also represents Bolton who has not yet been subpoenaed. But the lawsuit will raise questions on whether he too can give evidence.  

Democrats are looking into whether Trump encouraged Ukraine to conduct investigations that could benefit him politically in 2020

Democrats believe both Kupperman and his former boss, who were both close advisers of Trump and longtime Republicans, could be key witnesses. 

They are looking into whether Trump encouraged Ukraine to conduct investigations that could benefit him politically in 2020 and to address whether those requests were tied to conditions for giving Ukraine military aid and a White House meeting. 

Bolton resigned on September 10 when Kupperman became acting national security adviser. The following day the president released $391 million in aid to Ukraine. 

Trump requested the probes on a July phone call with Ukrainian President Volodymyr Zelenskiy, and Kupperman may have been listening into the call because of his position. 

White House counsel Pat Cipollone is said to have told Kupperman not to comply with the subpoena after the president had invoked ‘constitutional immunity’.  

The lawsuit adds: ‘The president, however, acting through the White House counsel, has asserted that plaintiff, as a close personal adviser to the president, is immune from congressional process, and has instructed plaintiff not to appear and testify in response to the House’s subpoena.’

The head of the Justice Department’s Office of Legal Counsel, Steven A. Engel, has said previously: ‘Congress may not constitutionally compel the president’s senior advisers to testify about their official duties.’ 

In 2008 it was ruled that Harriet Miers, a former White House counsel under President George W. Bush, should not miss a hearing she had been subpoenaed for. 

Former White House Counsel Don McGahn has defied his subpoena after the president’s legal team issued the same ‘constitutional immunity’ advice. A lawsuit on the matter remains unresolved.