DOD advised Cooper she did not have to cooperate with impeachment investigation

Prior to her testimony before House impeachment investigators Wednesday, Pentagon official Laura Cooper and her attorney received a letter from Deputy Defense Secretary David Norquist reiterating the administration's position that she did not have to cooperate with an inquiry the White House believes is illegitimate.

But Cooper, the deputy assistant secretary of defense for Russia, Ukraine and Eurasia, testified before impeachment investigators anyway, though she did so after a five-hour delay caused by angry Republican lawmakers who stormed the secure room where she was slated to speak.

The Oct. 22 letter, sent by Norquist to Cooper's attorney Daniel Levin of the law firm White and Case, highlighted the administration's position that the impeachment inquiry is invalid.

"This letter informs you and Ms. Cooper of the Administration-wide direction that Executive Branch personnel 'cannot participate in [the impeachment] inquiry under these circumstances,'" the letter states.

Norquist further notes it is the administration's position that Cooper could not be compelled to testify if subpoenaed.

"In the event that the Committees issue a subpoena to compel Ms. Cooper's appearance, you should be aware that the Supreme Court has held, in United States v. Rumely, 345 U.S. 41 (1953), that a person cannot be sanctioned for refusing to comply with a congressional subpoena unauthorized by House Rule or Resolution," the letter states.

A defense official told Inside Defense the letter should not be construed as a threat to Cooper.

"It was simply intended to remind her and the attorney of the administration’s position," the official said.

House impeachment investigators say they are examining whistleblower allegations that Trump held back $400 million in aid to pressure Ukraine to investigate former Vice President Joe Biden and his son Hunter. Biden is a leading candidate for the 2020 Democratic presidential nomination.

The White House's refusal to cooperate has prompted concern about a constitutional crisis, as the U.S. Constitution gives the House "sole power of impeachment."

It remains unclear what Cooper told impeachment investigators Wednesday, but her appearance followed explosive testimony Tuesday by acting U.S. Ambassador to Ukraine William Taylor, who said he was told Trump was going to withhold the aid package until the Ukrainian president made a public announcement to investigate the Biden family and the 2016 U.S. election.

Senior defense officials told reporters Wednesday the Pentagon is honoring the White House's assertion of executive privilege as grounds for refusing to comply with a subpoena for documents sought in the House impeachment inquiry into President Trump.

"We're really in uncharted territory here," one official said. "This is very unprecedented."