Key Witness in Impeachment Inquiry Asks Federal Court to Rule Over Testifying

The move raises new doubts about whether President Trump’s closest aides will be able to cooperate with the inquiry.


By Michael S. Schmidt
Oct. 25, 2019
Updated 10:09 p.m. ET

WASHINGTON — A key witness in the impeachment investigation filed a lawsuit Friday asking a federal judge to rule on whether he can testify, a move that raises new doubts about whether President Trump’s closest aides, like the former national security adviser, John R. Bolton, will be able to cooperate with the inquiry.

House Democrats had subpoenaed the witness, Charles M. Kupperman, who served as Mr. Trump’s deputy national security adviser, to testify on Monday. But in an effort to stop Mr. Kupperman from doing so, the White House said on Friday that the president had invoked “constitutional immunity,” leaving Mr. Kupperman uncertain about what to do.

“Plaintiff obviously cannot satisfy the competing demands of both the legislative and executive branches, and he is aware of no controlling judicial authority definitively establishing which branch’s command should prevail,” the suit said.

The implications of the suit, filed in federal court in Washington, extend beyond Mr. Kupperman. His lawyer, Charles J. Cooper, also represents Mr. Bolton and is likely to address congressional requests for his testimony in a similar fashion. House Democrats have had discussions with Mr. Cooper in recent days about Mr. Bolton testifying but have not subpoenaed him.

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