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House Withdraws Subpoena For Bolton Former Deputy

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The House has now withdrawn a formal congressional subpoena issued to the former deputy national security adviser Charles Kupperman in the United State President Donald Trump’s impeachment enquiry.

This is will now lead to a dismissal of a lawsuit he filed as there is no official subpoena pending against him for the case to remain valid.

It is known that Kupperman filed suit in October after being subpoenaed by the House. His argument was that he had been caught between conflicting demands by the executive branch and the legislative branch. White House lawyers have maintained that having been a close adviser to the president, he is immune from being called to testify, an argument that has seen little contest in court.

In 2008, a lower court had already set precedence over a similar matter. It rejected the Justice Department’s (similar) arguments about the immunity of presidential advisers. It had then ordered George W. Bush’s White House chief of staff and White House counsel to testify in a congressional inquiry.

In Kupperman’s case, the lawmakers have communicated the following to his legal team, “Unless your lawsuit was admittedly only for the purpose of delay, and without a subpoena in force, the committee expects your client will voluntarily dismiss the complaint he filed in the United States District Court for the District of Columbia on the same day he received the committee’s subpoena and be guided by the decision in McGahn.” Don Mc Gahn was a former White House counsel who was asked to testify in the ongoing impeachment enquiry. He left office in 2018.

The suit asks the court to decide whether the House subpoena or the White House’s claim that Mr. Kupperman has immunity from being required to testify should prevail. This decision hangs on as the fate of the McGahn case remains undecided.

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