Despite having received a subpoena from Congress and that Democrats warned about the possibility of considering him in contempt if he did not attend the Capitol on Monday, Charles Kupperman, former deputy national security advisor, appealed to the immunity argument used by the executive mansion .
Kupperman, who was the main assistant to former National Security advisor John Bolton, filed a lawsuit last Friday in which he described himself as being caught between two competing orders.
Therefore, he asked a court to determine if he should comply with the lower house summons to testify in the investigation, or follow the White House directive to stay away from that investigation because the nature of his work as an advisor means that It is exempt from the call of Congress.
In a letter sent Monday to the lawyer of the legislators who conduct the investigation process in the Capitol, the lawyer of Kupperman said his client does not challenge the constitutional claim of the members of Congress to summon him to appear.
According to the letter, who does that 'is President Trump, and all the presidents before him for at least since the last half century, who have guaranteed testimonial immunity for their closest confidential advisers.'
The text showed the former deputy counselor will wait for a judge to determine whether or not he is allowed to testify behind closed doors, as Democrats wanted it to happen today.
'If your client's position on the merits of this issue is correct, it will prevail in court, and Dr. Kupperman, I assure you again, will comply with the court ruling,' the letter said.
The three presidents of the lower house committees overseeing the investigation had told Kupperman's lawyers in a previous letter that the lawsuit filed on Friday was unfounded and appeared to be coordinated with the White House.
Those figures considered that claim 'an obvious and desperate tactic' of Trump 'to delay and obstruct the constitutional legal functions of Congress and hide evidence about his conduct in the investigation of a political trial.'
Such a process focuses on inquiring about Trump's interactions with Ukraine and his calls for that country to investigate former vice president and Democratic presidential candidate Joe Biden.
Local media reported that the interest of lawmakers in interviewing Kupperman is to confirm key elements reported by other former and current officials who suggest the creation of a team around Rudy Giuliani, personal lawyer of the president, to pressure Kiev.
ef/rgh/mar
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