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AP Source says Flynn will invoke Fifth Amendment – msn.com

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WASHINGTON (AP) Former National Security Adviser Michael Flynn will invoke his Fifth Amendment protection against self-incrimination as he notifies a Senate panel that he won't hand over documents in the probe into Russia's 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.

Flynn's decision comes less than two weeks after the committee issued a subpoena for Flynn's 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.

The Senate committee is one of several congressional inquiries investigating possible collusion between Russia and President Donald Trump's 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 Trump's 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 Russia's 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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AP Source says Flynn will invoke Fifth Amendment - msn.com

Michael Flynn expected to invoke Fifth Amendment …

Flynn's refusal to cooperate comes as he faces scrutiny in several inquiries, including on Capitol Hill and a federal grand jury that has issued subpoenas to associates of the ex-national security adviser.

Flynn's refusal to cooperate will also intensify scrutiny over Trump's decision to hire him initially for the job and his decision to keep him on staff for 18 days after the President was warned by former acting Attorney General Sally Yates that Flynn may have been compromised by the Russians.

The Senate committee had asked Flynn earlier this month to produce all records over his communications with Russian officials by this Wednesday. But Flynn is expected to send a letter later Monday invoking his Fifth Amendment rights.

The source close to Flynn said it would be "highly imprudent for him not to exercise his Fifth Amendment rights" given that several members of Congress have called for his prosecution.

Flynn's decision to decline the subpoena does not come as a surprise to Senate intelligence leaders, as Flynn's lawyer, Robert Kelner, also told the panel last month he would not provide documents in response to an April request.

During the 2016 campaign, Trump blasted aides to Hillary Clinton for taking the Fifth Amendment in relation to the investigation of her use of a private email server while secretary of state. He said at a September Iowa rally: "So there are five people taking the Fifth Amendment, like you see on the mob, right? You see the mob takes the Fifth. If you're innocent, why are you taking the Fifth Amendment?"

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Michael Flynn expected to invoke Fifth Amendment ...

Michael Flynn to take the Fifth Amendment and decline Senate subpoena – ABC News

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 election, a source close to Flynn confirms to ABC News.

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

"He will not be producing the documents they sought. He is entitled to decline pursuant to the Fifth Amendment," a source close to Flynn tells ABC News.

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

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

The Senate Intelligence Committee subpoenaed Flynn's personal documents on May 10 after the former national security adviser declined to cooperate with their original April 28 request in relation to the panel's investigation of Russia's interference in the 2016 election and its possible ties to Trump associates.

Prior to the April request, Flynn said through a statement from his lawyer that he wouldn't submit himself to questioning from the committee "without assurances against unfair prosecution."

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 the president "believes that Mike Flynn should go testify."

Spicer told reporters that Trump wants Flynn to "go testify, go get it out there, do what you have to do."

Last week, Senate Intelligence Committee Chairman Sen. Richard Burr, R-North Carolina, said that "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 that Flynn's attorneys had not yet gotten back to them.

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Michael Flynn to take the Fifth Amendment and decline Senate subpoena - ABC News

Flynn will invoke Fifth Amendment, source says – Chicago Tribune

Former National Security Adviser Michael Flynn will invoke his 5th Amendment protection against self-incrimination as he notifies a Senate panel that he won't hand over documents in the probe into Russia's 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.

Flynn's decision comes less than two weeks after the committee issued a subpoena for Flynn's 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.

The Senate committee is one of several congressional inquiries investigating possible collusion between Russia and President Donald Trump's 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 Trump's 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 Russia's 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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Flynn will invoke Fifth Amendment, source says - Chicago Tribune

Uber is pressuring one of its top executives to comply with Alphabet’s lawsuit – Recode

Uber has officially asked Anthony Levandowski the former head of the companys self-driving efforts and the executive at the center of the Alphabet lawsuit to waive his Fifth Amendment rights and cooperate with a courts order to turn over any files he may have downloaded including those on his personal device.

Levandowski asserted his Fifth amendment rights earlier this year seeking to protect himself if the case becomes criminal which is now a possibility.

Now, Ubers general counsel Salle Yoo is asking him to waive those rights and comply with the courts order to turn over his personal device as well as any downloaded materials he has and the names of all those he ever communicated about these files with. If he doesnt, Yoo reminds him that his employment is at-will.

If you do not agree to comply with all of the requirements set forth herein, or if you fail to comply in a material manner, then Uber will take adverse employment action against you, which may include termination of your employment and such termination would be for Cause, the letter from Uber General Counsel Salle Yoo reads.

Its a major shift in Ubers tone with Levandowski, who has a close working relationship with Uber CEO Travis Kalanick.

Importantly, thats because the court has ordered Uber to exercise the full extent of [its] corporate, employment, contractual, and other authority to cause them to return the downloaded materials and all copies, excerpts, and summaries thereof to Waymo.

Alphabet has sued Uber and its subsidiary Otto claiming that Levandowski stole 14,000 files that included the design for a key radar technology before leaving the company. Uber has disputed that it used any of Alphabets tech but it doesnt deny Levandowski may have taken the proprietary information.

Notably, Alphabet shifted the focus of its patent infringement claims to a radar prototype that Uber no longer uses instead of those that are still being developed.

Previously, Uber had asked Levandowski to voluntarily recuse himself of all work with the technology in question, lidar. That recusal has since been sanctioned by the court as part of a preliminary injunction the judge granted Alphabet.

Uber has otherwise handled Levandowski with a light touch.

Part of the reason could be that Uber CEO Travis Kalanick and Levandowski are close. In fact, as we first reported, Kalanick turned to Levandowski around the same time he launched Otto to help get Ubers autonomous cars on the road. The duo, who are also planning to attend the Indy 500 together later this month according to sources, spent a great deal of time together both prior to and during Levandowskis employment.

Kalanick even brought Levandowski along on some of his notoriously long walks, an activity the controversial CEO likes to do while hes thinking, according to a Bloomberg report,

But Levandowskis priorities protecting himself from criminal action has been in conflict with Ubers attempts to do away with this lawsuit and go ahead with its autonomous efforts.

Frankly, we obviously have a conflict here, Ubers attorney Arturo Gonzalez said to Judge Alsup during a closed-door hearing in April.

I would love to put Mr. Levandowski on the stand to explain to you what happened, because I think he has a good story to tell, Gonzalez said. But I can't force him to do that.

Now Uber is asking him to do just that.

The letter reads:

We understand that this letter requires you to turn over information wherever located, including but not limited to, your personal devices, and to waive any Fifth Amendment protection you may have. Also, the requirement that your lawyers cooperate with us and turn over information that may be in their possession may invade your attorney-client privilege. While we have respected your personal liberties, it is our view that the Courts Order requires us to make these demands of you. Footnote 9 of the Order specifically states that in complying with this order, Uber has no excuse under the Fifth Amendment to pull any punches as to Levandowski.

Heres the full letter:

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Uber is pressuring one of its top executives to comply with Alphabet's lawsuit - Recode