Acting White House chief of staff Mick Mulvaney is backtracking on recent plans to file a lawsuit over the impeachment inquiry. That suit would've sought a ruling on whether Congress can require the president's senior advisers to testify in the inquiry.
Mulvaney's attorneys said in a statement, "He will rely on the direction of the President, as supported by an opinion of the Office of Legal Counsel of the U.S. Department of Justice, in not appearing for the relevant deposition."
Last week, Mulvaney was subpoenaed to testify before several House committees. White House counsel directed him not to testify on the basis that "constitutional immunity" extends to President Trump's current and former senior advisers.
In response, Mulvaney filed a request to join a lawsuit filed last month by Charles Kupperman, a former deputy national security adviser. Kupperman's lawsuit seeks a definitive ruling on whether he should comply with a subpoena to testify before House officials — or instead comply with White House instructions not to appear.
When it became clear on Monday that a U.S. district judge would not rule in favor of Mulvaney's motion to join that lawsuit, Mulvaney's attorneys announced he would be filing his own.
On Tuesday, Mulvaney's attorneys told a federal judge that he's instead planning to follow the White House and Justice Department's directions not to testify before the House.