U.S. District Judge Richard Leon dismissed former national security official Charles Kupperman’s challenge to a House subpoena for him to testify in the impeachment of his boss Donald J. Trump.
Leon wrote in his 14-page opinion that it was essentially “moot” to proceed with the lawsuit since the House of Representatives already rescinded their subpoena.
“Kupperman no longer faces the ‘irreconcilable commands’ of two coordinated branches of government … and he accordingly lacks any personal stake in the outcome of this dispute,” Leon wrote.
He said, “Have no doubt though, should the winds of political fortune shift and the House were to reissue a subpoena to Dr. Kupperman, he will face the same conflicting directives that precipitated this suit. If so, he will undoubtedly be right back before this Court seeking a solution to a Constitutional dilemma that has long-standing political consequences: balancing Congress’s well-established power to investigate with a President’s need to have a small group of national security advisors who have some form of immunity from compelled Congressional testimony.”
He added: “Fortunately, however, I need not strike that balance today!”
Kupperman listened to Trump’s July 25 call with Ukrainian President Volodymyr Zelenskiy and was summoned to testify, however, he failed to show up on Oct. 28. At the time, the White House ordered him not to testify because “as a close presidential advisor, he was absolutely immune for compelled Congressional testimony,” according to court documents. Kupperman had asked the court to rule on whether he should obey the White House or Congress.