The Associated Press reports:
The Justice Department told the House Judiciary Committee Thursday afternoon that acting Attorney General Matt Whitaker will not appear at Friday’s closely-watched oversight hearing unless he receives a written assurance by 6 p.m. ET Thursday that he will not be served with the subpoena the committee pre-emptively authorized to use if he avoids questions.
The House Judiciary Committee on Thursday voted to authorize a subpoena for Whitaker ahead of his Friday testimony. A senior Justice Department official told CNN that the bottom line is that the Department is not aware of any precedent for the authorization of a subpoena before questioning.
Democrats approved the subpoena over the objection of Republicans, who accused Nadler of authorizing a pre-emptive subpoena as “political theater” with questions designed to embarrass the acting attorney general.