More and more the daily functions of life in Washington are being relegated to the courts to decide, and McConnell is probably fretting that he just hasn’t had enough time to make more right-wing appointments, so that he’ll know that his lackeys are in place to cover everybody’s a$$ when the going gets rough. The newest development in the impeachment inquiry is Mick Mulvaney asking to join ex-Bolton aide Charles Kupperman’s lawsuit, seeking a declaration from the court whether Kupperman should comply with a House subpoena, or with Trump’s directive not to testify. The Hill:

But Democrats argued that the original lawsuit is moot since they withdrew the subpoena directing Kupperman to testify.
Kupperman also filed a brief on Monday opposing Mulvaney’s motion arguing that he should be directed to file a separate lawsuit.
The Democrats wrote in their filing that even if the case was not moot at this point, Mulvaney and Kupperman are in very different circumstances.
“While Kupperman seeks a declaration from this Court as to whether he should comply with his subpoena or follow the President’s directive, Mulvaney seeks only a declaration that the House Defendants cannot compel him to comply with his subpoena or take any action against him if he does not,” they wrote. “Unlike Kupperman, Mulvaney does not state that he would comply with his subpoena if this Court rejects the claimed absolute immunity.” […]
Mulvaney, meanwhile, is asking the court to block the subpoena he received last week. If Mulvaney’s motion prevails, it would throw him into a lawsuit in which his own boss is a named defendant.
 Mulvaney may prevail on his claim of absolute immunity, which is doubtful, or he may be up the creek without a paddle, which is more likely. The usual phone conferences with both sides are going to take place and this story will be updated as developments occur.
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1 Comment on "Democrats and Kupperman Ask Court To Deny Mulvaney’s Motion To Join Lawsuit"

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Cherl Harrell

We can only hope the judge is sharp enough to cut through the BS. It sounds like Mulvaney is barking up the wrong tree.