Sign up for our daily briefing
Make your busy days simpler with Axios AM/PM. Catch up on what's new and why it matters in just 5 minutes.
Stay on top of the latest market trends
Subscribe to Axios Markets for the latest market trends and economic insights. Sign up for free.
Sports news worthy of your time
Binge on the stats and stories that drive the sports world with Axios Sports. Sign up for free.
Tech news worthy of your time
Get our smart take on technology from the Valley and D.C. with Axios Login. Sign up for free.
Get the inside stories
Get an insider's guide to the new White House with Axios Sneak Peek. Sign up for free.
Catch up on coronavirus stories and special reports, curated by Mike Allen everyday
Catch up on coronavirus stories and special reports, curated by Mike Allen everyday
Want a daily digest of the top Denver news?
Get a daily digest of the most important stories affecting your hometown with Axios Denver
Want a daily digest of the top Des Moines news?
Get a daily digest of the most important stories affecting your hometown with Axios Des Moines
Want a daily digest of the top Twin Cities news?
Get a daily digest of the most important stories affecting your hometown with Axios Twin Cities
Want a daily digest of the top Tampa Bay news?
Get a daily digest of the most important stories affecting your hometown with Axios Tampa Bay
Want a daily digest of the top Charlotte news?
Get a daily digest of the most important stories affecting your hometown with Axios Charlotte
Photo: Sergei Gapon/AFP via Getty Images
Charles Cooper, an attorney who represents former national security adviser John Bolton and his deputy Charles Kupperman, argued Tuesday that a ruling that found former White House counsel Don McGahn must comply with a congressional subpoena does not apply to national security officials.
Why it matters: House Democrats had hoped that Bolton and other officials may use the ruling, which is being appealed, to justify cooperating with the impeachment inquiry.
The big picture: Cooper argues that because Democrats in the McGahn lawsuit emphasized they were not seeking testimony involving "the sensitive topics of national security or foreign affairs," the ruling is not authoritative on the "validity of testimonial immunity" for national security advisers to the president.
- He adds that Kupperman will continue to pursue his own lawsuit to seek an "authoritative and binding judicial ruling" on whether to comply with a House subpoena or an order from the White House.
- It could be months until the lawsuit is resolved, however, and Democrats have signaled that they will not wait for the case to play out in the courts before concluding the impeachment inquiry.
- Worth noting: Cooper's statement never explicitly mentions Bolton by name.
What he's saying:
"In McGahn, the House Judiciary Committee emphasized to the district court that the information it sought from Mr. McGahn “did not involve the sensitive topics of national security or foreign affairs.” Therefore, any passing references in the McGahn decision (instead of court’s opinion) to Presidential communications concerning national security matters are not authoritative on the validity of testimonial immunity for close White House advisors, like Dr. Kupperman, whose responsibilities are focused exclusively on providing information and advice to the President on national security."
Go deeper: Judge rejects White House theory of "absolute immunity" from congressional subpoenas