Charles Cooper, the lawyer representing both former National Security Adviser John Bolton and his deputy Charles Kupperman, said that a Monday ruling about former White House counsel Don McGahn has no bearing on his clients.
The ruling, issued by U.S. District Judge Ketanji Brown Jackson, asserted that the Trump administration cannot block McGahn from obeying his House subpoena under claims of immunity.
Still, Cooper insisted that his clients’ case differs from McGahn’s particularly due to national security involvement, and that they’d have to wait for another ruling.
“Therefore, any passing references in the McGahn decision to Presidential communications concerning national security matters are not authoritative on the validity of testimonial immunity for close White House advisors, like Dr. Kupperman, whose responsibilities are focused exclusively on providing information and advice to the President on national security,” he said in a statement. “Accordingly, Dr. Kupperman will continue to pursue his lawsuit seeking an authoritative and binding judicial ruling resolving the question whether he is constitutionally obliged to obey the House’s demand that he testify or the President’s conflicting demand that he decline to do so.”
Bolton has not been subpoenaed; Kupperman was, but the House committee rescinded his subpoena when he filed the lawsuit.
Jackson blasted the Trump administration in her ruling, quipping that “Presidents are not kings.”