Instead, his attorneys told a federal judge Tuesday morning that he plans to obey the White House and Justice Department's direction so that he would not testify.
Mulvaney's move on Tuesday ends a maneuver in the courts that Mulvaney began on Friday to move legally after he failed to show his testimony in the chamber.
On Friday, he tried to jump in the mood of another former national security officer and asked the court for guidance, which surprised and drew opposition from those around former national security adviser John Bolton, another major witness who the House had tried to hear.
The sentencing path is one that could have promised a break for Mulvaney in political press as the House enters the late stages of its impeachment investigation. It is possible that the trial Mulvaney wanted to join, which concerns the witness Charles Kupperman, will not be resolved until mid-December at the earliest.
according to his legal argument over the last four days. He had claimed that he could not choose between following the parliamentary mood he received and the White House's instruction that he be immune from testifying.
If he had been sued, Mulvaney would have sued if the court asked was valid. "Especially in matters of national security and foreign affairs, close personal advisers to the president, as well as [Mulvaney]are generally required to follow the president's orders instructing them to adhere to the executive branch's two-year legal positions," he wrote in a draft version of the trial he presented to the judge on Friday. Mulvaney "is neither competent nor capable of resolving a constitutional dispute between the legislative and executive branches of our government."
The White House, citing legal reasoning from the Department of Justice, has insisted on witnesses like Mulvaney, Kupperman and other felt protectors from testifying in the House, citing "absolute immunity" because of their work under the president. But that idea has not been fully tested in courts, and federal judges continue to weigh whether they can judge the plea between the House and the executive branch.
"Upon further consideration, Mr. Mulvaney does not intend to continue litigation regarding the deposition lawsuit issued to him by the U.S. House of Representatives. Rather, he will rely on the president's leadership, supported by an opinion from the Office of Legal Counsel of the U.S. Department. of Justice, in not showing up for the relevant deposit, "his lawyers wrote in an application Tuesday morning.
"In light of the foregoing notion, Mr. Mulvaney respectfully suggests that there is no longer a need for the status conference that this Court has set up this afternoon, and thus that the Court may wish to preside over that Conference. Mr. Mulvaney estimates the time of the Court when he considering his proposal to intervene and the opportunity to be heard on this proposal. "