Former top Trump aide asks court to rule on whether he must testify in impeachment inquiry

A former top national security aide to President Trump filed a lawsuit Friday asking a federal judge to resolve conflicting orders from Congress and the White House over whether he must testify in the impeachment inquiry, setting up a potentially momentous legal battle that could determine the course of the investigation.Charles Kupperman, who served as a deputy to former national security adviser John Bolton, is seeking a judicial ruling on whether he should comply with a subpoena from House Democrats or follow instructions from the White House not to appear.“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 lawsuit read.The case could become the major test of what has emerged as a premier constitutional dispute of the Trump era: whether the White House can prevent Trump’s top advisers from testifying before Congress, in this case about the president’s efforts to pressure Ukraine into investigating his political rivals.“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,” former federal Judge J. Michael Luttig told The Washington Post.The outcome could also guide whether Bolton, who has not been subpoenaed, will face House investigators as part of the impeachment inquiry. Bolton and Kupperman, both represented by attorney Charles Cooper, are important witnesses for Democrats on Capitol Hill. Unlike some of the witnesses who have appeared in the inquiry so far, both have long records as Republican advisers — and both had access to private deliberations at the White House involving the president’s communications about Ukraine. Democrats on the House Intelligence and Judiciary Committees have expressed keen interest in having bot
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