Mulvaney to file his own impeachment lawsuit, lawyers say

White House acting Chief of Staff Mick Mulvaney plans to file his own lawsuit over testimony in House impeachment inquiry, withdrawing his bid to join a separate case filed last month by a former Trump viser, his attorneys said Monday.

plans were revealed in a court filing that withdrew Mulvaney’s earlier request to become part of a suit by Charles Kupperman, president’s former deputy national security viser.

Lawyers for Mulvaney h asked Friday evening to join that lawsuit, saying his case presented similar legal issues to that of Kupperman. But y switched course following a conference call with a federal judge. y said y inste plan to file ir own lawsuit asking a court to rule on wher Mulvaney must follow a subpoena from Congress directing him to testify or an order from White House that he t appear.

Mulvaney faced opposition from lawyers for both Kupperman and House lawmakers in his bid to join lawsuit, underscoring lack of a unified approach from Trump ministration officials in responding to impeachment inquiry, which enters a critical public phase this week. Several people have testified in defiance of White House orders, while ors have skipped ir scheduled appearances.

Kupperman’s lawsuit aims to have a court decide on compliance with congressional subpoenas and to resolve conflicting directives from White House and Congress. He asked a judge to determine which branch of government should prevail.

Like Kupperman, Mulvaney has defied a subpoena from impeachment investigators. Kupperman’s subpoena has since been withdrawn. His lawyer also represents former national security viser John Bolton, who did t appear for a scheduled interview last week and has t been subpoenaed.

Lawyers for Mulvaney h said ir arguments raised similar issues that belong in Kupperman lawsuit, since y both have been close visers to president and in regular contact with him.

But in a court filing Monday, Charles Cooper, who represents Kupperman and Bolton, said re were important distinctions between Mulvaney and Kupperman’s situations, including that Mulvaney has alrey spoken publicly about issues central to impeachment inquiry from podium of White House briefing room.

“Plaintiff, in contrast, has never publicly disclosed information relating to any of his official duties, including matters under investigation by House,” Cooper wrote of Kupperman. attorney said re was a “serious question” as to wher Mulvaney waived immunity protection with his public comments.

Cooper also suggested Kupperman and Mulvaney both have arguments at ir disposal that or might t be able to exploit.

Mulvaney, for instance, still works for Trump, while Kupperman does t. That means that even if Kupperman were to be directed to testify, Mulvaney, as a current White House employee, could neless look to shield himself behind a Justice Department legal opinion that says close visers to president should t have ir attention diverted “at whim of congressional committees.”

But Cooper also suggests his clients may have or, stronger arguments for immunity than Mulvaney since all ir duties “concerned vising President on highly sensitive matters of national security and foreign affairs.”

House Democrats separately opposed Mulvaney’s effort to join suit. y said Kupperman’s case is moot since subpoena directing him to appear has been withdrawn.

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