Mulvaney to file his own impeachment lawsuit, lawyers say

Evan Vucci  AP FILE
Mick Mulvaney speaks in the White House briefing room in Washington Oct. 17 2019

Bolton and Kupperman have said they are willing to testify if the judge rules in favor of the House, The Washington Post previously reported.

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.

Mulvaney's attempt to join the lawsuit flabbergasted Bolton and Kupperman, people close to them said, with Bolton aides having testified that he derisively referred to the Ukrainian proposal as "a drug deal", and White House officials saying Bolton and Mulvaney were barely on speaking terms when Bolton left his post in September.

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. Kupperman shares an attorney with Bolton, who has declined to testify voluntarily but has not been subpoenaed.

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On the other hand, Kupperman's attorney, Charles Cooper, also agrues Mulvaney should not be able to join the suit but for different reasoning. Cooper also noted that Mulvaney still works for Trump, while Kupperman does not.

Cooper said Mulvaney has "publicly discussed the events at issue in the House's impeachment inquiry, including appearing to admit there was a quid pro quo relationship" between a delay in military aid to Ukraine and the country opening investigations, referring to a White House briefing with Mulvaney in October. Kupperman's has since been withdrawn, though his lawyer also represents former national security adviser John Bolton, who did not appear for a scheduled interview last week and has not been subpoenaed. "And, unlike Kupperman, Mulvaney remains subject to a subpoena that has not been withdrawn".

But Mulvaney's decision to join the lawsuit indicates he intends to fight the subpoena on the grounds that a directive from the White House not to testify takes precedence over a subpoena from Congress. Democrats claim that "Mulvaney is differently situated from Kupperman in several important respects that make clear that he lacks a cognizable interest in Kupperman's case".

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