- The Washington Times - Wednesday, November 6, 2019

House Democrats withdrew their subpoena for former White House adviser Charles Kupperman, arguing in legal documents Wednesday that his legal challenge is now moot.

“The withdrawal of the subpoena at issue here has eliminated any present, impending, or foreseeable injury to Plaintiff,” Democrats argued in their filing.

In a letter to Mr. Kupperman’s attorneys, Reps. Eliot Engel, Adam Schiff, and Carolyn Maloney — heads of the House Foreign Affairs, Intelligence, and Oversight Committees, respectively, urged the former adviser to appear voluntarily if the court rules in a separate case that former White House counsel Don McGahn must testify.

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Dr. Kupperman still has an opportunity to fulfill his solemn constitutional duty,” they wrote.

Last month, Mr. Kupperman, who took John Bolton’s place as National Security Advisor for a short period, skipped his scheduled deposition because he filed a lawsuit for a judge to decide whether he had to comply with the Democrats’ subpoena. He argued that the subpoena put him in a legal bind — if he testified he could unlawfully reveal confidential information but if he refused he would unlawfully defy Congress.

In light of that request, his lawyers informed lawmakers he would not be appearing before members of the House Intelligence, Foreign Affairs and Oversight committees. Should the judge decide in favor of the House subpoena, Dr. Kupperman will testify, his lawyers vowed.

The move comes the day before National Security Advisor John Bolton, who shares a lawyer with Mr. Kupperman, is scheduled to testify — and likely not appear — under a subpoena.

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