New: Schedule on lawsuit from former NSC official Charles Kupperman on Intelligence Committee subpoena in impeachment inquiry. Oral argument Dec. 10. Judge Leon indicated he wanted to rule by late Dec. or early Jan.
Judge Leon also said when it's a matter that's of this importance to the country, you "roll up your sleeves and get the job done." He said that after DOJ asked for some relief for a deadline right after Thanksgiving weekend.
Kupperman's lawyer pointed out that the subpoena is the first brought on a small cadre of White House advisors, which Judge Leon then estimated at 8-12 people.
Kupperman is in "a classic Catch-22" between subpoena from Intel Committee and order from White House that he should not testify, his attorney said. "He can't satisfy both of them."
Lawyer for the House Intelligence Committee said Kupperman can fail to appear and let the House decide whether to enforce it. "We believe this complaint serves no other purpose than to delay" the congressional right to investigate.
Judge Leon countered that this lawsuit "is potentially more efficient." The House lawyer says the Intelligence Committee would file a motion to dismiss Kupperman's lawsuit and could do so as early as Tuesday.
There is also a question from Leon about whether the impeachment resolution passed today, which set out rules for subpoenas, would mean the previous subpoena is no longer valid or if Intelligence Committee would issue a new one. Committee has not decided.
Kupperman's attorney, Charles Cooper, also represents former NSA advisor John Bolton. He told Leon that if a similar situation arises with Bolton that there would be no need to extend the briefing/argument schedule because the issues would be the same.
This all comes against the backdrop of a fast-moving impeachment inquiry, and @RepAdamSchiff has said he won’t engage in a lengthy court battle with the administration over witnesses.
