A former Trump adviser filed a lawsuit that could be 'one of the most consequential separation of powers cases' in history

(Image credit: NICHOLAS KAMM/AFP via Getty Images)

published 26 October 2019

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.

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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.

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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.

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