Former Bolton deputy rejects Mulvaney's attempt to join impeachment lawsuit

For one, Kupperman is neutral on whether Leon rules in favor of Congress or the president when it comes to “the merits of the unsettled Constitutional dispute at issue in this case.” That’s in contrast to Mulvaney, who Cooper said “has made it clear that he supports the Executive, and he accordingly seeks declaratory relief against only the House Defendants.” Cooper also told Leon that the cases should be separate because of which lawyers are making the arguments. DOJ, Kupperman explained, will “vigorously champion Mulvaney’s interest in the President’s assertion of absolute immunity overriding Mulvaney’s obligation to appear and testify in response to the House subpoena.” Another key difference between Mulvaney and Kupperman, Cooper explained, involves Mulvaney’s public comments last month that appeared to admit a quid pro quo relationship connecting Trump’s decision to hold back on releasing foreign aid to the Ukraine until it agreed to an investigation into the president’s political opponents. But that contrasts with Kupperman, who Cooper said “has never publicly disclosed information relating to any of his official duties, including the matters under investigation by the House.” “Accordingly, there is a serious question as to whether Mulvaney waived the absolute testimonial immunity claimed by the President such that a judgment in Plaintiff’s case upholding the claim of immunity will not necessarily apply to Mulvaney,” Cooper said.