ABC News July 23, 2019

Robert Mueller's former chief of staff to be his counsel for congressional testimony

WATCH: All eyes on Capitol Hill ahead of Robert Mueller testimony

Former special counsel Robert Mueller will bring his former chief of staff with him for his testimony into Russian interference in the 2016 election scheduled on Capitol Hill Wednesday.

“Aaron Zebley was the Deputy Special Counsel and had day-to-day oversight of the investigations conducted by the Office. He will accompany Special Counsel Mueller to the Wednesday hearings, as was discussed with the committees more than a week ago," according to a statement from a Mueller spokesperson.

He will be there only as counsel to Mueller and will not provide testimony, sources told ABC News.

Carolyn Kaster/AP, FILE
Special counsel Robert Mueller speaks at the Department of Justice in Washington, D.C., about the Russia investigation, May 29, 2019.

Witnesses before House committees are generally permitted to have counsel with them.

Initially Tuesday, some Republicans expressed some concern that this was happening at the last minute, but a top Democratic aide said this is nothing new.

"We are exactly where we were a week ago," an aide to a top Democratic committee member told ABC News.

(MORE: Democrats, Republicans prepare for 'reticent' witness Robert Mueller)
Jeff Chiu/AP, FILE
Attorney Aaron Zebley arrives at the Phillip Burton Federal Building in San Francisco, April 21, 2016.

Earlier in the day, Rep. Jim Jordan, R-Ohio, tweeted, "You don't get to change the rules right before kickoff, especially after a 22 month, $30 million investigation."

(MORE: Democrats, Republicans prepare for 'reticent' witness Robert Mueller)

The Department of Justice declined to comment on Mueller's request.

When asked whether the department had authorized Zebley to appear alongside Mueller, a person familiar said they had not, though it was not immediately clear what steps the DOJ could take to prevent Zebley's appearance, considering his status as a private citizen.