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ACTING AG WHITAKER: "I remain willing to appear to testify tomorrow, provided that the Chairman assures me that the Committee will not issue a subpoena today or tomorrow, and that the Committee will engage in good faith negotiations before taking such a step down the road." 
Here was Nadler this morning, explaining why the committee authorized a subpoena, if needed, for Acting AG Whitaker.
And here is DOJ's response, from AAG Stephen Boyd, head of DOJ legislative affairs, which includes a section on how DOJ believes any issues with Whitaker not answering any questions regarding Trump should be handled. documentcloud.org/documents/5731…
As is often the case, @emptywheel has been on top of this and has parsed what's what out of Nadler's initial letter — judiciary.house.gov/sites/democrat… — and where the issues are. See this thread —>
In the letter from DOJ's Boyd today, he more or less says that all seven areas referenced in Nadler's Jan. 22 letter are, at least potentially, off-limits due to the fact that they would involve Whitaker discussing "confidential communications with the President."
Here are those seven areas from Nadler's Jan. 22 letter:
In which Charlie Savage takes issue with the way ... *checks notes* ... Charlie Savage is cited in DOJ's letter:
JUST IN: Nadler responds to DOJ regarding Whitaker's scheduled testimony. It's hard to imagine DOJ considering this any sort of "assurance" that he will not be subpoenaed tomorrow.
Now, I guess, we await DOJ's response?
So, I guess we’re on?
JUST IN: DOJ spokesperson @Kerri_Kupec confirms Whitaker does plan to testify tomorrow:
