Archive for the ‘Fifth Amendment’ Category

Fifth Amendment Makes it Hard to Build a Case Against Flynn – New York Times


New York Times
Fifth Amendment Makes it Hard to Build a Case Against Flynn
New York Times
Witnesses have invoked the Fifth Amendment right with some regularity at hearings on Capitol Hill, turning themselves into punching bags for their refusal to answer questions. Martin Shkreli asserted the privilege against self-incrimination about sharp ...
Trump and the Fifth Amendment: It's complicatedWashington Post
Michael Flynn is pleading the 5th. So what does that mean?USA TODAY
Senate Intel leaders: Door open to holding Flynn in contempt after invoking Fifth AmendmentCNN
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Fifth Amendment Makes it Hard to Build a Case Against Flynn - New York Times

Flynn to disregard Senate subpoena, invoke Fifth Amendment: report – i24NEWS (press release) (registration)

Ousted national security adviser was asked to cooperate with probe into alleged election meddling by Russia

Former US National Security Adviser Michael Flynn will on Monday invoke his Fifth Amendment protection against self-incrimination when he tells the Senate Intelligence Committee he will not comply with a subpoena for documents related to contact with Russian officials, the Associated Press reports, citing a source with direct knowledge.

Experts have said it was unlikely Flynn would provide the documents without receiving immunity from prosecution, which he previously sought.

The Fifth Amendment protects Americans against having to give self-incriminating testimony.

Trump's beleaguered White House was hit with yet another explosive allegation last week when a New York Times report alleged that the US President's transition team knew that Flynn.was under federal investigation for secretly working as a paid lobbyist for Turkey weeks before the President's inauguration.

The report, which cited two people familiar with the case, said Flynn informed the transition team's chief lawyer about the probe on January 4, much earlier than previously reported.

A White House aide told NBC News Vice President Mike Pence "stands by his comments in March upon first hearing the news" about Flynn's ties to Turkey.

That report followed another bombshell claim by the paper, which on Tuesday said that following Flynn's dismissal after just 24 days on the job, Trump personally pressed former FBI director James Comey to halt any FBI investigation.

"I hope you can see your way clear to letting this go, to letting Flynn go," Trump is accused of telling Comey, according to a memo written by the former FBI chief, who was sacked last week.

"He is a good guy. I hope you can let this go," the memo reportedly quoted Trump as saying.

Flynn was ousted following reports that he misled Pence and others when he denied discussing sanctions in a phone conversation with Russian Ambassador Sergei Kislyak before Trump's inauguration.

Former acting attorney general Sally Yates, a Barack Obama appointee held over for the start of the new administration but fired by Trump, said under oath this month that she warned the White House that Flynn had been interviewed by the FBI and that he could potentially be blackmailed by Russians over his misleading claims.

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Flynn to disregard Senate subpoena, invoke Fifth Amendment: report - i24NEWS (press release) (registration)

Michael Flynn to invoke Fifth Amendment in Russia probe – The Daily Freeman

WASHINGTON >> Former National Security Adviser Michael Flynn will invoke his Fifth Amendment protection against self-incrimination as he notifies a Senate panel that he wont hand over documents in the probe into Russias meddling in the 2016 election, according to a person with direct knowledge of the matter.

The notification will come in a letter to the Senate Intelligence committee expected later Monday. The person providing details spoke on condition anonymity in order to discuss private interactions between Flynn and the committee.

Flynns decision comes less than two weeks after the committee issued a subpoena for Flynns personal documents.

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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The Senate committee is one of several congressional inquiries investigating possible collusion between Russia and President Donald Trumps 2016 campaign. Flynn is also the target of other congressional investigations as well as an ongoing FBI counterintelligence probe and a separate federal investigation in Virginia.

Flynn, a retired Army lieutenant general, was fired from his position as Trumps national security adviser in February. At the time, Trump said he fired Flynn because he misled senior administration officials, including the vice president, about his contacts with Russian officials.

Members of key congressional committees are pledging a full public airing as to why former FBI Director James Comey was ousted amid an intensifying investigation into Russias interference with the U.S. election.

In Sunday show appearances, both Republican and Democratic lawmakers said they will press Comey in hearings as to whether he ever felt that Trump tried to interfere with his FBI work. Others are insisting on seeing any White House or FBI documents that detail conversations between the two, following a spate of news reports that Comey had kept careful records.

Comey was fired by Trump earlier this month. The former FBI director agreed to testify before the Senate intelligence committee after the Memorial Day holiday.

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Michael Flynn to invoke Fifth Amendment in Russia probe - The Daily Freeman

Flynn to decline Senate subpoena, take 5th Amendment – KFSN-TV

Former national security adviser Michael Flynn will invoke the Fifth Amendment and refuse to honor a Senate committee's subpoena request for documents relating to Russian interference in the 2016 presidential election, a source close to Flynn confirmed for ABC News.

The Fifth Amendment gives an individual the right to avoid self-incrimination.

To date, Flynn is the only Trump associate whom the Senate has subpoenaed.

Legal experts told ABC News that Fifth Amendment rights apply not just to someone seated at a witness table. It also allows the individual to decline to produce documents that could be incriminating.

The Senate Intelligence Committee subpoenaed Flynn's personal documents on May 10, after he declined to cooperate with its April 28 request in relation to the panel's investigation of Russian interference in the 2016 election and possible ties to Trump associates.

President Trump then weighed in on Twitter, saying that Flynn was right to ask for immunity "in that this is a witch hunt (excuse for big election loss), by media & Dems, of historic proportion!"

White House press secretary Sean Spicer said on March 31 that Trump "believes that Mike Flynn should go testify ... go get it out there, do what you have to do."

Last week Senate Intelligence Committee Chairman Richard Burr, R-N.C., said, "Gen. Flynn's lawyers said that he would not honor the subpoena, and that's not a surprise to the committee," but Burr's office later put out a statement saying Flynn's attorneys had not yet responded.

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Flynn to decline Senate subpoena, take 5th Amendment - KFSN-TV

Flynn will invoke the Fifth Amendment in response to Senate subpoena – MarketWatch

Former national security adviser General Michael Flynn

WASHINGTON -- Former national security adviser Mike Flynn will decline to cooperate with a Senate subpoena, invoking his constitutional right against self incrimination and setting off a legal showdown with Congress over a key witness in its investigation of alleged Russian interference in the 2016 election.

According to a source close to Flynn, he will tell the Senate Intelligence Committee later Monday that he wont comply with the panels request for documents, citing the Fifth Amendments protections against self incrimination. Flynn is willing to cooperate in exchange for some guarantee that he could avoid criminal prosecution, the source said.

The Senate Intelligence Committee issued the subpoena earlier this month.

An expanded version of this story is available at WSJ.com

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Flynn will invoke the Fifth Amendment in response to Senate subpoena - MarketWatch