Per the Post, U.S. District Judge Richard Leon called for a conference call with the lawyers for Kupperman, Mulvaney and Bolton Monday afternoon to decide how to proceed.
Allies of former NSA John Bolton were shocked and dismayed when they learned that acting White House Chief of Staff Mick Mulvaney is trying to join a lawsuit filed by a former Bolton deputy Charles Kupperman to gauge if he has to comply with a House subpoena.
The House committees conducting the inquiry opted not to subpoena Bolton after his attorney threatened to fight such a move in court, according to a committee official, and, unsurprisingly, the former national security adviser was a no-show Thursday.More news: Backer of Syrian 'White Helmets' found dead in Istanbul
Like Kupperman, Mulvaney has defied a subpoena from impeachment investigators.
In a court filing Monday, Kupperman's attorney, Charles Cooper, said Mulvaney should not be allowed to join the lawsuit.
Cooper also argued that Kupperman's role as an adviser exclusively on "highly sensitive" national security matters differs from Mulvaney, who advises the president on a range of subjects. 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.More news: YouTube Terms of Service changes for your content in December 2019
On Saturday, Mulvaney's attorney William Pittard filed a motion requesting to join the suit, arguing the two officials were in similar circumstances, since both had received subpoenas and were told not to comply by the White House. The attorney said there is a "serious question" as to whether Mulvaney waived the immunity protection with his public comments. Mulvaney also seeks different relief than Kupperman, of voiding a House subpoena, and names additional defendants, Letter wrote.
"The Court should reject such gamesmanship and deny Mulvaney's motion", Letter said, particularly because as White House chief of staff, Mulvaney "likely played a role in the decision" to assert absolute immunity for himself.
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.More news: Detroit takes on Boston on 4-game skid
"President Trump, represented by the Department of Justice, will vigorously champion Mulvaney's interest in the President's assertion of absolute immunity overriding Mulvaney's obligation to appear and testify in response to the House subpoena", Cooper wrote.