Neither Mr. Mulvaney nor his lawyers asked Mr. Kupperman, Mr. Bolton, or their lawyer to join the lawsuit, nor did they give them an advance notice. Mr. Bolton and Mr. Kupperman must now decide whether to support or reject Mr. Mulvaney.
"The question of whether the authority of the President must yield in the face of a summons from Congress – the determination that Mr. Kupperman has asked this court for comment – is central to the question of whether Parliament can threaten Mr. Mulvaney" Lawyers William Pittard and Christopher C. Muha wrote in their application. "That's why Mr. Mulvaney is trying to intervene here."
"Mr. Mulvaney is both a closer and a higher adviser to the President than Mr. Kupperman," they wrote, noting that he had a cabinet position "And as acting White House chief of staff, Mulvaney is one of the president's most regular advisers." Mulvaney's decision to join the lawsuit was also puzzling as the House Democrats withdrew their subpoena for Mr. Kupperman and made it clear they were Do not wish to enter into any legal battle to obtain his testimony or that of Mr. Bolton.
Mr. Cooper, de Mr Bolton, wrote to the House on Friday, said his client had evidence that was important to the investigation but would not testify without a clarifying court ruling. Mr. Bolton, Mr. Cooper, wrote: "was personally involved in many events, discussions and conversations that you have already witnessed, as well as in many relevant discussions and discussions that have not been discussed in the testimonies.
Peter Baker reported from Tuscaloosa and Maggie Haberman from New York.