Trump Moves to Dismiss Kupperman Lawsuit

Aide to John Bolton Sought Court Ruling on Whether to Comply with Subpoena to Testify in Impeachment

Trump lawyers filed a motion on Thursday to dismiss Charles Kupperman’s lawsuit. Kupperman is seeking guidance from the court on whether he is compelled to testify under subpoena, or abide by White House orders to not cooperate with the impeachment proceedings.

The filing argues that the “proper course” would be for Kupperman to abide by Trump’s insistence that his administration not cooperate with the impeachment process rather than whatever a judge ultimately determines.

It also cites that the former aide should not comply because he dealt with matters pertaining to the president and worked in close proximity to him.

The filing shows that Kupperman had a significant presence on the national security council. He was present on calls with heads of state, in meetings, and prepared advice for the president. He also communicated Trump’s decisions to others in the executive branch as one of Trump’s most senior aides.

“Leaving the President’s senior most aides open to compelled congressional testimony would allow Congress to encroach upon the independence and autonomy of the Presidency… to reveal the President’s thinking or influence his decision-making on sensitive or controversial matters,” the filing states.

An attorney for both Kupperman and Bolton said they would be willing to testify if the court ruled they should comply.

Mick Mulvaney indicated he would join the Kupperman lawsuit earlier, but reversed his decision on Tuesday and plans to comply with Trump’s instructions to ignore subpoenas to testify.

The Hill