Kerik's attorney, Timothy Parlatore, told the Hill that he and Kerik had intended to appear before the Committee on Thursday for Kerik's scheduled deposition, then walkout over their objection to the panel's structure.
"I believe that they lack the authority to conduct depositions," Parlatore explained to the Hill. "However, Mr. Kerik does want to meet with them and to provide them with information and so therefore, we will do it by voluntary interview."
Rep. Liz Cheney, R-Wyo., works as the Democrat-led panel's co-chair, though many have claimed that Republicans must have a ranking member to meet House rules. Courts have never ruled on the matter.
Parlatore told The Hill he was set to file a lawsuit following Thursday's planned deposition to seek a ruling on whether the Committee has "the power to conduct depositions because they don't have the proper constitution."
The Hill noted that such a voluntary meeting, which has been done with other witnesses, would not be under oath, though the Committee could subpoena Kerik if they don't think the meeting was helpful.
Kerik obtained space for the Trump team's "war room" at the Willard Hotel and has told The Washington Post he billed the campaign more than $55,000 for rooms for Trump's legal team and $10,000 in travel expenses. He was reportedly behind efforts looking into campaign fraud.
He has already shared documents with the committee and has previously told Newsmax that he has "overwhelming evidence of election fraud."
"I want to testify publicly," he told Newsmax in December. "I think the American people should be able to hear firsthand the overwhelming evidence we have on election fraud."
In a letter to the panel chairman Rep. Bennie Thompson, D-Miss., Parlatore said: "To be clear, Mr. Kerik very much wants to cooperate with your committee and provide all of the requested documents and to testify and answer all questions regarding these matters.
"Unfortunately, our efforts are being hampered by your insistence on using a fatally flawed deposition process rather than a public hearing."
"Given the past conduct of certain members of this committee, Mr. Kerik is understandably concerned about sitting for a deposition behind closed doors which members of the committee will later leak selective and misleading portions of, while keeping the remainder secret to intentionally deprive the public of proper context."