Whitaker agrees to testify before Congress after declining to do so

Judiciary chairman assures acting AG that no subpoena will be issued today or Friday

WASHINGTON — The House Judiciary Committee chairman said late Thursday that a standoff with the acting attorney general had ended in an agreement for Matthew Whitaker to testify publicly Friday, setting up a potentially dramatic confrontation over President Donald Trump and the special counsel investigation into the 2016 campaign.

Rep. Jerrold Nadler tweeted Thursday evening that Whitaker “will appear tomorrow morning at 9:30 am,” capping a dramatic daylong standoff over whether Whitaker would scrap his appearance entirely over the Democrats’ threat to subpoena him.

Whitaker had said earlier Thursday that he would not appear before the committee as scheduled unless committee Democrats gave him assurances he won’t be subpoenaed.

Earlier Thursday evening, Nadler sent a letter to Whitaker that provided no such promise, saying only that “there will be no need for a subpoena” if Whitaker answers lawmakers’ questions. “To the extent that you believe you are unable to fully respond to any specific question, we are prepared to handle your concerns on a case-by-case basis, both during and after tomorrow’s hearing,” Nadler wrote.

The two sides continued discussions throughout the evening and eventually, according to Justice Department officials, Nadler agreed that no subpoena would be issued on Thursday or Friday.

Justice Department spokeswoman Kerri Kupec said Nadler “has made the commitment that we requested, and agreed that, if Mr. Whitaker voluntarily appears at tomorrow’s hearing, the Committee will not issue a subpoena on or before February 8. In light of that commitment, Acting attorney general Whitaker looks forward to voluntarily appearing at tomorrow’s hearing and discussing the great work of the Department of Justice.”

Tensions ran high earlier in the day as the administration and congressional Democrats accused each other of acting in bad faith.