White House acting chief of staff Mick Mulvaney on Tuesday reversed course on his plans to file a lawsuit challenging a subpoena for his testimony in the impeachment probe into President Trump.
“After further consideration, Mr. Mulvaney does not intend to pursue litigation regarding the deposition subpoena issued to him by the US House of Representatives,” his lawyers said in a court filing.
“Rather, he will rely on the direction of the President, as supported by an opinion of the Office of Legal Counsel of the US Department of Justice, in not appearing for the relevant deposition,” they added.
The move is the latest reversal of position by Mulvaney, who on Friday asked to join the lawsuit filed by former deputy national security adviser Charles Kupperman.
That lawsuit asked a judge to decide whether Kupperman had to comply with a subpoena from the House or a competing directive from the White House to not testify.
Mulvaney had argued that his circumstances were similar to those of Kupperman, but lawyers for both Kupperman and the House opposed his request to join the suit and highlighted what they said were key differences.
US District Judge Richard Leon said Monday he was “not inclined” to grant the request by Mulvaney, who then said he planned to bring his own case.
He had been subpoenaed to appear for a closed-door deposition before the House impeachment panel but did not show up last week.
According to a Justice Department legal opinion that Mulvaney referenced, close advisers to the president are immune from testifying to Congress because “preparing for such examinations would force them to divert time and attention from their duties to the President at the whim of congressional committees.”
With Post wires