The suit was filed by Bolton's former deputy, Charles Kopperman, who asks a federal judge to determine whether a congressional summation takes precedence over the White House order not to comply with the investigation.
People close to Bolton and Kuperman said the two broke out of Mulvaney's surprise request to join the case because they and others in the national Security Team considered Mulvani as a critical actor in efforts to keep the Ukrainian government moving. an investigation into Trump's political opponents.
Their objection is twofold: Bolton views Mulvaney as a key player in the pressure campaign, a situation that the then-nation-state security advisor called mockingly as a "drug deal," according to congressional aides from his aides. According to White House officials, the two barely spoke when Bolton stepped down in September.
And they believe that the purpose of Mulvaney is to evade the testimony by joining a case involving officers whose lawyer claims they may be restricted in what they can share with Congress because of their role, which advises the President on national security.
Charles Cooper, Bolton's lawyer, declined to comment on Mulvaney's efforts to join the case, saying only: "We will give our answer in court.
William Peter, Mulwani's lawyer, stated that the chief of staff was simply seeking to resolve the competing claims of two branches of the government.
"As acting chief of staff, Mr. Mulvani intends to comply with the president's legal orders and there is no reason to believe that the warrant in question is unlawful ̵
1; except for the fact that the Chamber has threatened him with allegations of contempt and obstruction. follows, "he said
Pythard stated that his client also deals with national security issues when it comes to Ukraine. "Anything Mr Mulvani would be asked for would fall into the same area of national security foreign relations that would affect Bolton and Cuperman," he said.
Lawrence Tribes, a constitutional law expert at Harvard Law School, said a minute's walk may be an attempt to give legal cover to delay the House's request. By adhering to the Cooperman case, Mulvani could avoid giving evidence in the Chamber's investigation for months if the case is appealed to the Supreme Court.
"I think he is trying to protect himself from the need to obey the law's obligation to comply with an apparently valid subpoena," says Triby.
Bolton and Mulvaney are key potential witnesses in the House impeachment investigation, but have so far refused to comply with requests for testimony because of White House allegations that senior advisers have
Trump repeatedly urges associates not to cooperate and is key a lengthy letter from the White House denying the process, officials said.
Mute has previously signaled that you will follow the President's instructions and do not appear at hearings, and his best aides have also denied the House's requests for their testimony.
Frida's acting law clerk y signaled a change in his approach to the investigation. Mulvaney is now trying to join a lawsuit filed by officials who have signaled that they will disprove the White House and testify before Congress if ordered.
It appears that in the court, Mulvani acted alone, hiring a private lawyer to intervene in the suit. Usually, the White House Law Office and the Department of Justice will participate in legal matters regarding the White House Chief of Staff.
The White House did not respond to a request for comment.
Pittard stated that Mulvani's legal action was necessary to bring clarity to the courts at a time when he was confronted with a White House order not to heed the threats of neglect by the House.
"He is genuinely caught between two conflicting orders." I said. "He intends to obey the orders of his boss, the president, but this has led him to threaten the House. The court's request to resolve a genuine conflict like this is not the least unreasonable. "
Peter stated that White House counselor Pat Tsipolon was consulted before Silence went to court and raised no objections. Mulvaney's legislative registration, Pittard added, made it clear that his actions were directed at the House, not the President.
"This is not competitive with the President and in no way shows any distance between Mr Mulvaney and the President," said a person close to Mulvaney, who spoke on condition of anonymity to describe his thinking.
However, the lawsuit that Mulvani seeks to join lists the presidents and leaders of the Chambers as defendants.
Unusual legal maneuvering gives a deep divide between Trump's top advisers as investigative homes continue to impeach collect dock urged efforts to pressure Ukraine to open investigations against its political opponents.to Ukraine at the request of the president.Mulwani said at a press conference in October that he had refused assistance because of the president's interest in forcing Ukraine to investigate a defamed theory that the Ukrainians were interfered with the campaign in 2016. Later, Mulvani said his comments were misinterpreted.
If Bolton was ordered to testify, he is expected to confirm the accounts of former aides – as a sub-lieutenant. Alexander S. Windman and Councilor Fiona Hill – who testified that Bolton was worried that a military aide had been detained by Ukraine as the president and his aides pushed the country to open investigations that could hurt Democrats.
In a letter to the House Democrats on Friday, Cooper wrote that Bolton had "personally participated in many of the events, meetings and conversations you have already testified about, as well as many relevant meetings and conversations that have not yet been discussed. in the evidence so far. "
Congressional investigators have not yet summoned Bolton, although they have sought his appearance, a request Cooper said he would refuse without subpoena and instruction from the courts.
In his letter on Friday, Cooper emphasized that Bolton and Kuperman's testimony were particularly important and sensitive because of the role they played in national security matters.
"National security and foreign affairs information is at the heart of the committee impeachment investigation, and it is difficult to imagine any question that the committees might ask Dr. Kopperman that would not touch on these sensitive areas, ”he writes.
He notes that Cooperman and Bolton may be granted special immunity to testify because they are part of an "extremely narrow category of assistants assigned to discretionary power in such sensitive areas as national security or foreign policy. "
The legislative filing of the Silence may breathe new life into the Kupperman case after House attorneys withdrew their subpoena last week and demanded that the case be closed. Instead, the House said it would look for another case involving former White House lawyer Donald McGan, which is more advanced, as a key test case.
However, US District Judge Richard Leon refused to dismiss Kuperman's case. Late Saturday afternoon, Leon ordered Mulvani's attorneys, Cooperman, Bolton and the government to join him in a conference call Monday afternoon to discuss Mulvani's request and how to proceed.