This archive report was first published on 10 November 2019.
On November 10, 2019, a peculiar development emerged in the ongoing impeachment investigation: Mick Mulvaney, the acting White House chief of staff, sought to join a lawsuit over subpoena power.
According to court documents, Mulvaney's decision was motivated by the fact that he finds himself 'caught in that division, trapped between the commands of two of its coequal branches — with one of those branches threatening him with contempt.'
Representative Gerald E. Connolly, a Democrat from Virginia, aptly summarized the situation, saying, 'There's no honor among thieves. This case is filled with ironies.'
As the lawyers for Mulvaney, William Pittard and Christopher C. Muha, noted, Mulvaney's situation is more acute than that of his colleague, Charles Kupperman, who is also involved in the lawsuit. Mulvaney's cabinet-level position and regular access to the president make him a more senior adviser than Kupperman.
House Democrats have withdrawn their subpoena for Kupperman, and it appears they do not want to fight a court battle to obtain his testimony or that of John Bolton. However, Bolton's lawyer, Daniel Cooper, wrote to the House on Friday that his client possessed evidence important to the investigation but would not testify without a clarifying court ruling.
As the situation unfolds, it remains to be seen how Mulvaney's decision will impact the impeachment investigation and the complex dynamics between Congress and the White House.
