House Intel Committee chairman Adam Schiff (D-CA) said Monday morning that former top aide to John Bolton Charles Kupperman’s delay of his testimony “may warrant a contempt proceeding.”
“Dr. Kupperman had testimony we believe would corroborate the allegations of misconduct that other witnesses have made, but we move forward and we will obviously consider as we inform Dr. Kupperman’s counsel his failure to appear as evidence that may warrant a contempt proceeding against him,” Schiff said.
Schiff says that Kupperman’s delay tactics may warrant contempt proceedings pic.twitter.com/Kl0lMSeenQ
— TPM Livewire (@TPMLiveWire) October 28, 2019
Kupperman’s lawyer filed a lawsuit in D.C. District Court Friday asking a judge to decide if the subpoena is “valid” under House rules and whether Kupperman is covered under the White House’s claims of immunity. The former NSA deputy has decided not to testify until the judge mades a decision.
I am giving Schiff an A+ for strategy and timing.
I seem to recall that the Federal Courts have consistently declined to interpret Congressional rules for Congress.
As for the so-called immunity defense. I don’t think a witness before Congress has standing to raise such an issue on behalf of the Executive. If the Executive want’s to raise this defense, they need to move to block witnesses, not the witnesses themselves. At least, that is how I see it.
In other words, the witness doesn’t have standing to ask the Judicial branch if he or she must appear before a separate co-equal branch; and the Judicial branch should rule that they don’t have Constitutional authority over who appears before Congress.
No objections!
“…may warrant”
There is no “may” here. They should hammer him until he begs to testify. Maybe this would prevent the next person up from playing games.
Wow, what piss poor lawyers this guy has.
One, the matter of the validity of executive privilege in impeachment proceedings involving illegal activities was dispositively ruled on during Watergate, in favor of congress: there is no executive privilege in such matters, period.
Two, the separate ruling last week by judge Howell only reinforced this holding, or at least the legal thinking behind it.
And three, there is no such thing as ungranted immunity. WTF?!? It can’t be claimed, only granted.
I want to start seeing some of these people in jail, for criminal contempt.