Will Michael Flynn Invoke His Fifth Amendment Rights and Risk Contempt Charges?

Will Michael Flynn Invoke His Fifth Amendment Rights and Risk Contempt Charges?

Michael Flynn, it seems, holds the key to Russian Election Tampering and Collusion investigation.
After volunteering a month ago to testify before the Senate Intelligence Committee he has since decided to rebuff a subpoena to release pertinent documents. The hold-up is his attorneys’ request for immunity. Without immunity, Flynn is choosing to invoke his Fifth Amendment right to refuse testimony that might incriminate him.
His attorneys released a letter yesterday explaining their client’s position:

The letter goes on to explain that Flynn’s position remains unchanged and he is not moving forward without a promise of immunity.

Flynn’s attorneys told the Senate intelligence committee on Monday that he will not turn over personal documents sought under the congressional subpoena, citing an “escalating public frenzy” against him. They also said the Justice Department’s appointment of a special counsel has created a legally dangerous environment for him to cooperate with the Senate panel’s investigation.

In contrast, Paul Manafort and Roger Stone have both released documents for the investigation.


According to CNN, Congress is considering their next move.

The top two leaders of the Senate intelligence committee are leaving the door open to holding Michael Flynn in contempt of Congress after President Trump’s former national security adviser said he would invoke his Fifth Amendment rights rather than comply with a subpoena.

Sen. Richard Burr, the chairman of the Senate intelligence committee, said the panel was reviewing a range of options to compel Flynn to disclose records about his meetings with Russian officials, including holding Flynn in contempt. And he said the panel “could” call for Flynn to assert his right against self-incrimination in a public session.
“It does us no good in having people pleading the Fifth if we are trying to get information,” Burr said. He added: “The only thing I can tell you is immunity is off the table.”

Senator Mark Warner told CNN he is “disappointed” but is not announcing any decision regarding charges of contempt until he confers with legal counsel.

 

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