House Withdraws Impeachment Subpoena To Ex-NSC Aide

UNITED STATES - OCTOBER 28: House Intelligence Chairman Adam Schiff, D-Calif., and Reps. Eric Swalwell, D-Calif., right, Carolyn Maloney, D-N.Y., and Jamie Raskin, D-Md., conduct a news conference in Capitol Visitor Center where Charles Kupperman, a deputy to John Bolton, did not show up for a deposition as part of the House's impeachment inquiry on Monday, October 28, 2019. Gordon Sondland, U.S. ambassador to the European Union, was inside the deposition reviewing transcripts at the time. (Photo By Tom Williams/CQ Roll Call)
House Intelligence Chairman and impeachment investigator Adam Schiff (D-CA) conducts a news conference in the Capitol Visitor Center on Monday, October 28, 2019. (Photo By Tom Williams/CQ-Roll Call, Inc via Getty Images)

Lawyers for House impeachment investigators dropped their subpoena to compel a former National Security Council official to testify before Congress.

House Democrats said in a new court filing Wednesday they had dropped their subpoena of former deputy national security adviser Charles Kupperman on Tuesday and did not intend to reissue it. They requested that the lawsuit that Kupperman filed to compel the courts to determine whether he should appear for impeachment testimony be dropped.

The case was meant to serve as a control test to determine whether the House can enforce a subpoena for the testimony of a former White House official in its impeachment inquiry.

Kupperman was subpoenaed in late October, but he did not appear for testimony because he wanted to wait for the courts to determine whether he had to comply. President Trump directed Kupperman to not appear citing testimonial immunity for his closest advisers.

In the filing, Democrats’ lawyers urged Kupperman to comply with whatever ruling comes of the Don McGahn case determining whether the former White House counsel has immunity from cooperating with congressional subpoenas, as Trump claimed at the time. McGahn was subpoenaed as part of the House’s followup probe of special counsel Robert Mueller’s Russia investigation.

House Democrats called the suit an attempt to delay impeachment proceedings and House Intelligence Committee Chair Adam Schiff (D-CA) threatened to hold Kupperman in contempt.

It’s unclear why Democrats dropped the Kupperman subpoena, but most speculate that it’s a sign that Democrats don’t want to prolong proceedings with court battles and likely have enough evidence to more forward with their inquiry.

Read the filing below

Dear Reader,

When we asked recently what makes TPM different from other outlets, readers cited factors like honesty, curiosity, transparency, and our vibrant community. They also pointed to our ability to report on important stories and trends long before they are picked up by mainstream outlets; our ability to contextualize information within the arc of history; and our focus on the real-world consequences of the news.

Our unique approach to reporting and presenting the news, however, wouldn’t be possible without our readers’ support. That’s not just marketing speak, it’s true: our work would literally not be possible without readers deciding to become members. Not only does member support account for more than 80% of TPM’s revenue, our members have helped us build an engaged and informed community. Many of our best stories were born from reader tips and valuable member feedback.

We do what other news outlets can’t or won’t do because our members’ support gives us real independence.

If you enjoy reading TPM and value what we do, become a member today.

Latest News
Masthead Masthead
Founder & Editor-in-Chief:
Executive Editor:
Managing Editor:
Associate Editor:
Investigations Desk:
Director of Audience:
Editor at Large:
General Counsel:
Head of Product:
Director of Technology:
Associate Publisher:
Front End Developer:
Senior Designer: