A former Trump adviser filed a lawsuit that could be 'one of the most consequential separation of powers cases' in history
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
You are now subscribed
Your newsletter sign-up was successful
Which branch trumps the other?
Charles Kupperman, President Trump's former deputy national security adviser under former National Security Adviser John Bolton, filed a lawsuit Friday asking a federal judge to rule whether he must testify in the congressional impeachment inquiry. House Democrats subpoenaed Kupperman, but the White House instructed him not appear before Congress, arguing he — along with Trump's other close advisers — is immune from testifying. And Kupperman really doesn't know what to make of it.
"Dr. Kupperman cannot satisfy the competing and irreconcilable demands of both the Legislative and Executive Branches, and there is no controlling judicial authority definitively establishing which Branch's command should prevail," Kupperman's lawyer, Charles Cooper, said in a statement.
The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
The Washington Post notes the case could become a major test of what has emerged as a consistent constitutional dispute during the Trump presidency, since it could eventually set a precedent as to whether the White House can really prevent Trump's advisers from testifying before Congress. "If this case is ultimately decided by the Supreme Court, it will be one of the most consequential separation of powers cases in American constitutional history — however it is decided," Judge J. Michael Luttig told the Post.
Kupperman is expected to testify Monday. He was on the July phone call between Trump and Ukrainian President Volodymyr Zelensky, making him the first witness with firsthand knowledge of the call to testify in the impeachment inquiry, The Wall Street Journal reports. Read more at The Wall Street Journal and The Washington Post.
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Tim is a staff writer at The Week and has contributed to Bedford and Bowery and The New York Transatlantic. He is a graduate of Occidental College and NYU's journalism school. Tim enjoys writing about baseball, Europe, and extinct megafauna. He lives in New York City.
-
5 cinematic cartoons about Bezos betting big on 'Melania'Cartoons Artists take on a girlboss, a fetching newspaper, and more
-
The fall of the generals: China’s military purgeIn the Spotlight Xi Jinping’s extraordinary removal of senior general proves that no-one is safe from anti-corruption drive that has investigated millions
-
Why the Gorton and Denton by-election is a ‘Frankenstein’s monster’Talking Point Reform and the Greens have the Labour seat in their sights, but the constituency’s complex demographics make messaging tricky
-
Trump sues IRS for $10B over tax record leaksSpeed Read The president is claiming ‘reputational and financial harm’ from leaks of his tax information between 2018 and 2020
-
Trump, Senate Democrats reach DHS funding dealSpeed Read The deal will fund most of the government through September and the Department of Homeland Security for two weeks
-
Fed holds rates steady, bucking Trump pressureSpeed Read The Federal Reserve voted to keep its benchmark interest rate unchanged
-
Judge slams ICE violations amid growing backlashSpeed Read ‘ICE is not a law unto itself,’ said a federal judge after the agency violated at least 96 court orders
-
Rep. Ilhan Omar attacked with unknown liquidSpeed Read This ‘small agitator isn’t going to intimidate me from doing my work’
-
Democrats pledge Noem impeachment if not firedSpeed Read Trump is publicly defending the Homeland Security secretary
-
The billionaires’ wealth tax: a catastrophe for California?Talking Point Peter Thiel and Larry Page preparing to change state residency
-
Hegseth moves to demote Sen. Kelly over videospeed read Retired Navy fighter pilot Mark Kelly appeared in a video reminding military service members that they can ‘refuse illegal orders’
