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Key witness in impeachment investigation asks federal judge to rule on testifying
The Hill ^ | 10/25/19 | Tal Axelrod

Posted on 10/25/2019 10:14:02 PM PDT by yesthatjallen

A key witness in the House’s impeachment investigation filed a lawsuit in federal court Friday asking a judge to rule on whether he can testify to congressional investigators after President Trump invoked “constitutional immunity."

Charles Kupperman, who served as President Trump’s deputy national security adviser, was subpoenaed by House Democrats on Monday to testify in their investigation into the president’s dealings with Ukraine. However, the White House declared Friday that Trump had invoked “constitutional immunity” to bar Kupperman from appearing on Capitol Hill.

“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 to the U.S. District Court for the District of Columbia reads.

Democrats hope that Kupperman and John Bolton, former national security adviser, can deliver key pieces of information in their probe. Both were close advisers to the president, dealing with him directly on policy toward Ukraine, and could give investigators insight into closed-door conversations.

Constitutional immunity extends beyond the powers of executive privilege, which the White House has used to block testimony from several other current and former officials. While executive privilege frees a person from being forced to divulge any dealings with the White House to investigators, constitutional immunity means individuals cannot be forced to testify before Congress at all, and do not even have to appear at hearings.

“The president … has asserted that plaintiff, as a close personal adviser to the president, is immune from congressional process, and has instructed plaintiff not to appear and testify in response to the House’s subpoena,” the lawsuit reads.

SNIP

(Excerpt) Read more at thehill.com ...


TOPICS: News/Current Events
KEYWORDS: coup; couppeachment; impeachment; judiciary; shampeachment; trump
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Good.

Trump should throw every roadblock in his power at them.

If they want something make them work for it. Tangle them in their own knots.

1 posted on 10/25/2019 10:14:02 PM PDT by yesthatjallen
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To: yesthatjallen

The House Dems are as dumb as Dingy Harry on the nuclear option. They really don’t think this can be used against them when the tables are turned?


2 posted on 10/25/2019 10:21:30 PM PDT by colorado tanker
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To: colorado tanker

“They really don’t think this can be used against them when the tables are turned?”

By who? The Jello spined GOP?


3 posted on 10/25/2019 10:22:47 PM PDT by Luke21
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To: yesthatjallen

I thought it was executive privilege that President Trump invoked to keep people from testifying. I’ve never heard of Constitutional Immunity. Sovereign Immunity, but that wouldn’t apply here.


4 posted on 10/25/2019 10:38:56 PM PDT by Robert DeLong
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To: yesthatjallen

How can the House committee be issuing subpoenas? By what authority?


5 posted on 10/25/2019 10:55:36 PM PDT by lastchance (Credo.)
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To: yesthatjallen

I for one don’t trust John Bolton any further than I could throw him.


6 posted on 10/25/2019 11:01:24 PM PDT by Lurkina.n.Learnin (If you want a definition of "bullying" just watch the Democrats in the Senate)
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To: lastchance

By the rules of how Congress was established.


7 posted on 10/25/2019 11:27:59 PM PDT by MadMax, the Grinning Reaper
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To: Luke21
GOP???

Oh you mean the DNCII party.

8 posted on 10/25/2019 11:42:56 PM PDT by rawcatslyentist ("All that is necessary for evil to triumph is for good men to do nothing")
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To: colorado tanker

They thought with all the spying that the nuclear option wouldn’t even matter - thus the entire corrupt politic leadership of the DNC and GOPe should be tossed in the brig, and their ship sunk just after high tide when they think they’ll be happiest.


9 posted on 10/26/2019 12:24:01 AM PDT by Jumper
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To: colorado tanker

Would be comical to see them all doing this fake phoney impeachment proceeding from a jail cell


10 posted on 10/26/2019 2:37:46 AM PDT by ronnie raygun (nic dip.com)
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To: yesthatjallen

What the hell is up with the Jewish Cabal against Trump??


11 posted on 10/26/2019 2:46:25 AM PDT by Ann Archy (Abortion....... The HUMAN Sacrifice to the god of Convenience.)
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To: yesthatjallen

Time for a full scale Investigation of Schiff, Pelosi, Schumer,.....

May Barr cast a huge net.


12 posted on 10/26/2019 3:02:20 AM PDT by tired&retired (Blessings)
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To: Robert DeLong

That tossed me too - for now, I’m treating them as synonymous..


13 posted on 10/26/2019 4:45:00 AM PDT by trebb (Don't howl about illegal leeches, or Trump in general, while not donating to FR - it's hypocritical.)
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To: lastchance

Who’s paying for this witch hunt? How can they use taxpayer money for political electioneering? This is one party trying to take out the other. Turn off the lights. Make them have their investigation at a holiday inn.


14 posted on 10/26/2019 5:07:28 AM PDT by virgil (The evil that men do lives after them)
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To: colorado tanker

If anything, the GOP will use the turned tables to remove a GOP president.

Do you not know who the GOP is?


15 posted on 10/26/2019 5:42:01 AM PDT by chris37
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To: trebb

The OP describes the difference. Immunity means not appearing at all. Privilege means appearing and refusing to answer certain questions.


16 posted on 10/26/2019 5:54:15 AM PDT by Cboldt
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To: yesthatjallen

Don’t think the courts can rule on this.


17 posted on 10/26/2019 6:59:23 AM PDT by stockpirate (Anyone who believes Epstein killed himself is a fool)
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To: Cboldt

Thanks for that...learn something new every day.


18 posted on 10/26/2019 7:07:48 AM PDT by trebb (Don't howl about illegal leeches, or Trump in general, while not donating to FR - it's hypocritical.)
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To: Lurkina.n.Learnin

He’s not that big.....he’s good for a yard.


19 posted on 10/26/2019 7:18:25 AM PDT by G Larry (There is no great virtue in bargaining with the Devil)
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To: MadMax, the Grinning Reaper

But from what I have read this current witch-hunt does not go by the rules and protocol for the issuance of subpoenas by the House. If I could remember the article I would post a link.


20 posted on 10/26/2019 8:55:00 AM PDT by lastchance (Credo.)
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