Attorneys for Michael Flynn say that a daily “escalating public frenzy against him” and the Justice Department’s appointment of a special counsel have created a legally dangerous environment for him to cooperate with a Senate investigation.
That’s according to a letter obtained by The Associated Press that was written on behalf of the former national security adviser under President Donald Trump. The letter, sent Monday by Flynn’s legal team to the Senate Intelligence Committee, lays out the case for Flynn to invoke his Fifth Amendment protection against self-incrimination and his decision not to produce documents in response to a congressional subpoena.
The letter says that the current context of the Senate’s investigation into Russia’s meddling in the 2016 election threatens that “any testimony he provides could be used against him.”
Flynn’s decision comes less than two weeks after the committee issued a subpoena for Flynn’s documents as part of the panel’s investigation into Russia’s meddling in the 2016 election.
Legal experts have said Flynn was unlikely to turn over the personal documents without immunity because he would be waiving some of his constitutional protections by doing so. Flynn has previously sought immunity from “unfair prosecution” to cooperate with the committee.
Copyright 2017 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Calling all TPM attorneys:
How the fuck does one “decline” a subpoena?
I didn’t think that you could decline a subpoena. You have to show up and go on the record saying, “On the advice of my attorney, I invoke my 5th Amendment rights to protect against self-incrimination.”
But why would Flynn have to follow US law.
“Decline”? What is this “decline” shit? The word is DISOBEY. A subpoena is a direct command with the weight of the courts/congress and the law behind it. You don’t “decline” one. You either move to quash it or for a protective order and win or you obey it. To assert his 5th Amendment privilege, Flynn must at the very least put it in writing in a letter to Congress and seek a protective order.
‘Decline a subpoena’ - that’s such a pleasant euphemism. “I am disinclined to acquiesce to your request…means no.”
IANAL, and I didn’t stay at a Holiday Inn Express last night, but it was my understanding that the Fifth Amendment does not apply to documents. Did I misunderstand what the lawyers told me in the past?