OK, my best stab at what's going on here....
1) The House isn't going to court to enforce its impeachment subpoenas not only in the interest of time, but also bc it doesn't want to risk a judge (and, ultimately, SCOTUS) either (a) clipping Congress's impeachment powers or (b) refusing to get involved
2) The White House wasn't going to go to court to fight the impeachment subpoenas because, per that same tweet above, it doesn't want to risk a judge (and, ultimately, SCOTUS) super-expediting (a) an order to comply or (b) refusing to get involved
3) Kupperman could have complied with the subpoena, as did those who have testified so far. But if he's anything like Bolton, he believes in expansive Executive power and is ideologically opposed to the Dem Congress. Also: he hired Chuck Cooper, a sympatico conservative lawyer.
4) One doesn't run to the courts with CHUCK COOPER as your lawyer in a separation of powers fight that neither Congress nor White House is pursuing in the impeachment context if you want a judge to (a) side with Democrats and (b) against the Executive (esp when it's GOP-held).
5) Cooper also reps Bolton. A lot of people have been trying to figure out what Bolton's play is here. I think he's happy to torment Trump with his untold tales while sticking it to Dems and Congress with his silence, all while tantalizing the rest of us to read his $2M book.
6) Meanwhile the House has withdrawn its subpoena to Kupperman and won't subpoena Bolton because
7) But then Judge Leon, a largely partisan GOP judge with some wildcard tendencies and a penchant for exclamation points, signaled that he may not throw out the case despite the House's attempt to moot it. Keeping the case alive on these facts, screams for reversal on appeal.
8) Enter Mulvaney. His play is to (a) give Judge Leon an ironclad argument against mootness, (b) drag the case out so no one will feel compelled to cooperate with the House, and (c) roll the dice on a merits ruling from Leon and/or SCOTUS clipping Congress's impeachment power.
9) And there is already at least one sign that conservative judges could be ready to clip (this) Congress's impeachment power against the (or this) President:
10) Of course, Kupperman/(Bolton)/Mulvaney don't need a court to clip Congress's impeachment power here. All they need is a court to say, "it's not our business. You all work it out."
11) A court ruling that impeachment issues are non-justiciable political questions would consecrate the WH's current executive privilege position and leave Congress with no real enforcement option absent inherent contempt, which it won't use.
12) But now we're at the academic phase of this scenario because Congress already has all the evidence it needs to impeach from the July 25th partial transcript the WH already released and all the depositions from diplomats and executive officials who did comply with subpoenas.
13) So why’s Bolton all mad at Mulvaney?
Aaaaaaaand....scene:
But the original mystery remains
