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.
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