'Get the Job Done': Judge Wants Impeachment Witness Suit Quickly Resolved
U.S. District Judge Richard Leon scheduled a Dec. 10 oral argument in Charles Kupperman's case, which pits the White House against House Democrats. Impeachment investigators want to hear from Kupperman, represented by veteran Washington lawyer Charles Cooper.
October 31, 2019 at 05:09 PM
5 minute read
The original version of this story was published on National Law Journal
A Washington federal trial judge on Thursday set a speedy timeline for addressing questions over whether the Trump White House can lawfully block current and former top officials from speaking to House investigators leading the impeachment inquiry.
U.S. District Judge Richard Leon of the District of Columbia was asked last week to assess a clash between Trump and congressional Democrats, an interbranch tug-of-war that flared up over a House subpoena seeking testimony from former national security adviser Charles Kupperman.
Kupperman, represented by Charles Cooper of Cooper & Kirk, is seeking clarity on whether he is obligated to comply with the House subpoena or with the White House's instructions to not cooperate. In a lawsuit filed against Trump and congressional leaders, including House Speaker Nancy Pelosi, Kupperman's lawyers said he is "faced with irreconcilable commands by the legislative and executive branches of the government."
During a half-hour hearing Thursday, Leon scheduled a Dec. 10 oral argument in Kupperman's case, with filings due every two weeks from November until early December. At the end of the hearing, Justice Department attorney Elizabeth Shapiro said that the government's final deadline before the argument fell on Dec. 4, just days after Thanksgiving.
Leon scoffed at her request for additional time, telling the career Justice Department litigator, "You're obviously not familiar with this court."
For a matter of such public concern and consequence, he said, "you roll your sleeves up and get the job done."
"Vacations and other distractions take second place," Leon said, adding that other Justice Department lawyers could work on the filing if Shapiro is unable to do so.
"So get the job done," he said.
Any ruling in the case could have ramifications reaching beyond Kupperman as House investigators ramp up their impeachment inquiry, a probe that has centered on Trump's efforts to pressure Ukraine to investigate former Vice President Joe Biden and his son Hunter Biden. More than a dozen witnesses have spoken to investigators, and still others are being called in.
House investigators have asked former national security adviser John Bolton, another client of Cooper's, to appear for a closed-door interview next week. Kupperman served as a deputy to Bolton, who left the White House in September.
At Thursday's hearing, Cooper demurred when Leon asked whether Bolton would be added to the case. Leon said he aware that Cooper was representing the former Trump national security adviser, who served under the George W. Bush administration as ambassador to the United Nations.
Cooper said he was hopeful for a quick resolution to the case, telling Leon that Kupperman was "indifferent to the outcome" and prepared to follow whichever course the judge decided was proper.
"We have no dog in the merits fight, your honor," Cooper said, describing Kupperman's predicament as a "classic catch-22."
House deputy general counsel Todd Tatelman argued Kupperman had failed to bring a "justiciable" claim, saying that the request for a judge's guidance was "antithetical" to the adversarial system. Leon appeared to have considered that argument in advance of the hearing, telling Cooper in an early exchange that trial courts generally are "not in the business" of issuing advisory opinions.
Tatelman also argued that the Constitution's "speech or debate" clause immunized the House against Kupperman's lawsuit, which he said was filed for "no other purpose" than to delay the impeachment process.
Trump has denied that he engaged in any inappropriate conduct in his Ukraine dealings. In closed-door interviews, government officials have testified about a July phone call in which Trump appeared to ask Ukrainian President Volodymyr Zelensky to investigate the Bidens and about being troubled by a shadow foreign policy in Ukraine that was overseen by the president's personal lawyer, Rudolph Giuliani.
U.S. Rep. Adam Schiff of California, who is overseeing the impeachment inquiry as the Democratic leader of the House Intelligence Committee, criticized Kupperman's lawsuit earlier this week, saying it has "no basis in law."
"A private citizen cannot sue the Congress to try to avoid coming in when they are served with a lawful subpoena," Schiff said. "We expect that the court will make short shrift of that argument."
Leon isn't approaching Kupperman's case from a blank slate. He came to the bench in 2002 with a background in congressional investigations: Earlier in his career, Leon was counsel to Congress in investigations of three sitting presidents.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'Water Cooler Discussions': US Judge Questions DOJ Request in Google Search Case
3 minute readDemocratic State AGs Revel in Role as Last Line of Defense Against Trump Agenda
7 minute readBig Law Communications, Media Attorneys Brace for Changes Under Trump
4 minute readTrending Stories
- 1Friday Newspaper
- 2Judge Denies Sean Combs Third Bail Bid, Citing Community Safety
- 3Republican FTC Commissioner: 'The Time for Rulemaking by the Biden-Harris FTC Is Over'
- 4NY Appellate Panel Cites Student's Disciplinary History While Sending Negligence Claim Against School District to Trial
- 5A Meta DIG and Its Nvidia Implications
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250