The acting White House chief of staff, Mick Mulvaney, filed a late-Friday petition to attend an action to review the House's power to summon executive officials during the ongoing impeachment investigation of President Trump.
Mulvaney, who did not attend his scheduled statement Friday morning, asks a federal court to decide if he is under an obligation to follow executive orders in order to avoid the impeachment investigation, or to handle a summons that he has received before Court has received House Intelligence Committee. His motion alleges that the House Democrats threatened to hold him in contempt of Congress or to take other action against him for essentially obeying the instructions of his boss ̵
According to a copy of Fox News' application, Mulvaney seeks to plead as a plaintiff in a lawsuit by former White House National Security Advisor Charles Kupperman, who filed a lawsuit last month before his proposed statement to House Intelligence, Foreign Affairs had and oversight committees.
"The question of whether the authority of the President must give in light of a summons from Congress – the determination Mr. Kupperman has asked this Tribunal – is central to the question of whether Parliament can take adverse action Mr. Mulvaney , as threatened, "it said in the application.
"The problems associated with this motion are of importance to the country in general and personally to Mr. Mulvaney. They are at the heart of our representative government and their promise to safeguard the freedom of individuals by sharing the tremendous power of the government in themselves, "the motion went on. "Mr. Mulvaney, like Mr. Kupperman, is caught up in this split, trapped between the orders of two of his equal elders – one of which threatens him with contempt." He asks the court for support and respectfully asks for his motion. "
Kupperman, who left the administration when National Security Advisor John Bolton resigned in September, had also asked the court to decide whether to comply with US government decrees – executive or congress – both equal in rights after the separation of powers Mulvaney is a current adviser to the White House.
The House Democrats withdrew a summons on Wednesday for Kupperman's testimony and suggested that they continue with the impeachment investigation without hearing from White House officials when necessary The Federal Supreme Court should close the case first In the middle of December, he negotiates what prevented Kupperman from testifying as part of the impeachment investigation until his case is settled. The court hearing on the case was to be canceled after House Dems withdrew its summons.
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House Democrats also issued a subpoena for Mulvaney this week, and he declined this for his planned deposit Friday. It is unclear how the suit should continue until Mulvaney's application for accession as a plaintiff is approved and whether the House Democrats decide to withdraw the summons for his certificate.
James Levinson and Andrew O'Reilly of Fox News contributed to this report.