Former U.S. President Donald Trump adviser Charles Kupperman’s lawsuit over a subpoena from House Democrats pursuing the partisan impeachment inquiry may take so long to settle that he may not have to testify, comments at a court hearing Thursday reportedly revealed.
Last Friday, Kupperman filed a lawsuit essentially asking the courts to rule on whether he should abide by the subpoena, citing concerns that his testimony would “inflict grave Constitutional injury on either the House or the President,” USA Today reported.
Kupperman’s lawsuit may serve as a blueprint for current and former officials who are not willing to testify in the impeachment probe despite being issued a summons. House Democrats are seemingly fuming over Kupperman’s decision to defy his subpoena and have threatened to hold him in contempt of Congress.
On Thursday, U.S. District Court Judge Richard Leon scheduled a December 10 hearing for Kupperman’s suit.
The judge is supposed to hear about a planned House motion on December 10 to throw out the lawsuit.
The U.S. District Court Judge “indicated that he wanted to rule on the case by late December or early January,” Politico reported, adding:
House Democrats have indicated that they’re eager to wrap up impeachment hearings by the end of the year, making the timeline for Kupperman’s litigation a potential headache for those pressing the impeachment inquiry into President Donald Trump.
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After the roughly 40-minute hearing Thursday, it was not even clear whether a ruling Leon would issue following the House motion would definitively resolve Kupperman’s duty to testify, or would simply address the threshold issue of whether he has the right to pursue his unusual suit asking the court to resolve the competing claims of two branches of government.
Todd Tatelman, the deputy general counsel for the Democrat-led House, reportedly noted that the chamber considers the suit an effort to obstruct the impeachment process.
“We believe strongly that this case serves no other purpose than to delay,” Tatelman said during Thursday’s hearing, according to Politico. “The House believes its subpoena is complete valid. It is 100 percent enforceable.”
The U.S. Department of Justice (DOJ), however, argued that there is no reason to speed up the case.
“We don’t think there’s a real emergency or need,” DOJ attorney Elizabeth Shapiro declared.
Although House Democrats have not set up an official time frame for the ongoing impeachment process, several of them have said they want the proceedings completed by the end of the year.
USA Today reported earlier this week:
Kupperman noted in the 17-page filing that if he defies Trump, he could hurt the president’s ability to receive confidential advice from top aides. But if he defies the House subpoena, he could impede their constitutional duty to investigate potential impeachment and could be subject to criminal penalties for contempt. Kupperman said he didn’t take a position on whether the executive or legislative branch should prevail, but that the judicial branch should resolve the dispute.
The White House is refusing to cooperate in the impeachment probe, questioning the legitimacy and constitutionality of the effort. Some current and former officials subpoenaed by Democrats, however, have testified anyway.
Kupperman was on the July 25 call between Trump and Ukrainian President Volodymyr Zelensky that triggered the impeachment probe into claims that Trump asked for help in his reelection in 2020.
House impeachment investigators are trying to determine if Trump pressured Ukraine to investigate White House hopeful Joe Biden and his son, Hunter, in exchange for aid. Trump and Zelensky have denied the allegation.
Democrats have threatened to assume Kupperman would have said something against the president if he does not testify.
In a letter to Kupperman’s lawyer sent last weekend, the House Democrat leaders cautioned that his absence might prompt them to “draw adverse inference” that his testimony would have fueled their impeachment efforts.
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