The attorneys at Mulvani said that the acting Chief of Staff was facing the same dilemma.
House Democratic Committee Democrats called Milwani into custody earlier this week and threatened to hold him in contempt if he refuses to comply. In response, White House lawyer Pat Tsipolon instructed him not to testify, saying that Mulvani, who missed his scheduled deposition Friday morning, is protected by "constitutional immunity" that extends to all current and former Trump advisers.
The questions raised in the case "go to the basis of our representative government and its promise to secure personal freedom by dividing the awesome power of the government from each other," writes the attorneys of Mulvey, Christopher Mucha and William Pittard.
“Mr. Mulvaney, like Mr Kupperman, finds himself in this division, caught between the commands of two of its equal branches ̵
1; with one of those branches threatening him with contempt, ”they wrote. "He goes to the court for assistance."
Mulvani's request, if granted, would add additional weight to a court case that could have a far-reaching effect on the House's investigation into the president's efforts to pressure Ukraine to investigates its political competitors.
Democrats are interested in hearing from Mulvani, who has emerged as a central player in subsequent decisions on Ukraine. Mulvani effectively acknowledged at a news conference last month that the administration has withheld US military assistance to Ukraine to stimulate the country's leaders to launch investigations that could help Trump politically. He later tried to return the remarks, but Democrats saw them as key evidence in their impeachment case.
Home investigators see Kuperman, who serves as former National Security Advisor John Bolton, as an important witness. Both he and Bolton had access to private discussions in the White House related to the President's announcements about Ukraine.
But on Wednesday, Casa's attorneys said they withdrew Cupperman's summons to avoid delaying the impeachment process. They asked a federal judge to dismiss the case, saying they would instead seek guidance on the outcome of similar lawsuits related to a subpoena of former White House lawyer Donald McGon.
In response to the motion for dismissal, a lawyer representing Cooperman and Bolton, Charles Cooper, wrote in a letter to the House attorneys that none of the men would be involved in the investigation until a judge decided whether they were legally allowed to give testimony. "It is important for both Dr. Kopperman and Ambassador Bolton to obtain a final decision from the judiciary defining their constitutional obligation against the backdrop of conflicting requests from the legislature and the executive," Cooper wrote in a letter sent to the Court in Friday.
Like Mupperman, Mulvani received a written directive from Cipollone that his president ordered him not to appear for his deposition in the House. Cipollone writes that the Attorney General's Office has determined that the president and his immediate advisers are "absolutely immune" to congressional coercion – a position the department has taken in previous administrations.
Mulvaney's attorneys say that he should be involved in the Kupperman trial not only because the two men were faced with almost identical competing demands, but because Mulwani was still a member of the administration, unlike Kupperman, and therefore still subordinate to Trump's.
“Mr. Mulvaney is both closer and a senior advisor to the president than Mr. Kupperman was, "the paper says. "In short, there are reasons unique to Mr Mulvey's position that may form the basis of a judgment against the threatened actions of the Chamber's defenders, reasons that Mr Kuperman cannot necessarily progress."
names Trump and several top House Democrats, including House Intelligence Committee Chairman Adam B. Schiff (D-Calif.), who heads the investigation.
A spokesman for the Intelligence Committee did not immediately respond to a request for comment.