Notably, Bolton has the same attorney as does Charles Kupperman. Kupperman was the United States Deputy National Security Advisor for President Trump from January to September 2019. Kupperman was "subpoenaed" by the House, however:
The Trump administration, through White House counsel Pat Cipollone, directed Kupperman in writing not to comply with the House subpoena claiming "constitutional immunity" would protect him. Subsequently, Kupperman filed a lawsuit asking a federal judge to decide whether or not he must comply with the House subpoena or the Trump Administration's request to not testify. Kupperman's lawyer argued that he is faced with "irreconcilable commands" between the legislative and executive branches of government which can only be decided by the judicial branch.
Since the House is currently not attempting to enforce these "subpoenas" it's likely that Bolton will not be testifying.
The committee “subpoenas” are actually requests to appear. Some even call them invitations. It was expected that some would appear and some would not, depending upon “their ideologies”. How would these be enforced if a person chose not to appear?
ReplyDeleteHouse subpoenas must be enforced through the courts.
DeleteAccording to CTH's Ristvan, such subpoenas will be tossed by the courts, unless the House formally empowers the RELEVANT committees to issue demands for specific testimonies, about issues within the committees' juristictions:
ReplyDelete"Except for Judiciary in the case of impeachment, House committee subpoena power is only pursuant to a legitimate legislative purpose on matters enumerated by A1§8. That is long settled SCOTUS law. Schiff’s HPSCI investigating PDJT for impeachable offenses is NOT within A1§8. This proposed resolution cannot fix that...."
Right. That's why they're not trying to enforce the "subpoenas." Everyone knows that.
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