Acting Attorney General Matthew Whitaker won’t appear before the House Judiciary Committee on Friday as scheduled unless the panel guarantees it will not subpoena him if he dodges any questions, the Justice Department announced Thursday.

The House Judiciary Committee voted to prepare a subpoena for Whitaker that would only be used if he “refuses to answer legitimate questions,” including those on his conversations with President Trump regarding special counsel Robert Mueller’s Russia investigation, according to committee Chairman Jerrold Nadler, D-N.Y.