A federal judge dismissed a lawsuit filed by a former White House aide asking the judge to decide whether to obey a subpoena from the House of Representatives or the administration of President Donald Trump.
The House tried compelling Charles Kupperman to testify in the impeachment inquiry, while Trump directed Kupperman not to comply with the subpoena, citing executive privilege.
The House pushed forward with the inquiry and impeached Trump on Dec. 18. It also withdrew the subpoena for Kupperman in November, leading to the dismissal of Kuppermans case.
“Kupperman no longer faces the irreconcilable commands of two coordinated branches of government … and he accordingly lacks any personal stake in the outcome of this dispute. Thus, it would appear that this case is moot and should be dismissed,” U.S. District Judge Richard Leon wrote in his Dec. 30 ruling (pdf).
Kupperman, an aide to former National Security Adviser John Bolton, said in court filings that the issue was still pertinent because the subpoena could be reissued, but Leon claimed the argument lacked merit because House Democrats “repeatedly and unequivocally” said the subpoena wouldnt be reissued.
Leon also said that Kuppermans argument that he could be punished for failing to comply with a reissued subpoena lacked merit.
“To be perfectly clear yet again, the House defendants will not reissue the subpoena to Kupperman, period,” House lawyers wrote in earlier court documents. “The subpoena will not reissue today, tomorrow, or ever.”
“There is no reasonable possibility that the House will reissue the subpoena,” Leon wrote. He added later: “The Department of Justice, on behalf of the president, has unequivocally stated that Kupperman will not be prosecuted for his failure to appear before Congress as directed by the House.”
Still, Leon acknowledged that Kupperman could be subpoenaed again.
“Have no doubt though, should the windsRead More – Source