Archive for the ‘Fifth Amendment’ Category

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

Warner: Door open to holding Flynn in contempt after invoking Fifth Amendment – My Champlain Valley FOX44 & ABC22

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(CNN) - 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."

Unlike Flynn, two other former Trump campaign officials have turned over documents to the committee related to its investigation of Russian meddling in the US election.

"The subpoena seeks to compel (Flynn) to offer testimony through the act of producing documents that may or may not exist. In these circumstances, (Flynn) is entitled to, and does, invoke his Fifth Amendment privilege against production of documents," Flynn's lawyer wrote in a letter to the committee, verified by CNN.

When asked by CNN whether his panel would hold Flynn in contempt, Ranking Democrat, Sen. Mark Warner, said, "We have to find out whether we have the ability to either hold Gen. Flynn in contempt or whether it's just Fifth Amendment. I've got to get the legal answer to that first."

Warner said he was "disappointed" Flynn didn't produce the documents that were requested, and the committee was still determining if it had other options to get a hold of them.

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

His refusal 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. And the White House is also bound to face new pressure from Trump's apparent disclosure of classified information in a private meeting with Russian officials at the White House earlier this month.

Warner, in an interview with CNN on Monday, said the White House must turn over records related to that meeting -- and did not rule out issuing a subpoena for the records.

"We have made the request," Warner said. "Transcripts or tapes. My hope is the White House will comply. They say there is no there there. They ought to work with the committee."

Former Trump campaign chairman Paul Manafort has turned over documents to the committee, a source familiar with the filing told CNN on Monday. Former Trump campaign adviser Roger Stone has also complied with the committee's requests and answered its questions, according to Stone's attorney, Robert Buschel.

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 also told the panel last month he would not provide documents in response to an April request.

Interactive: The many paths from Trump to Russia Flynn was back in the news last week following the revelation that former FBI Director James Comey wrote in a memo that Trump had asked Comey in a meeting to end his investigation into the former national security adviser.

Comey has agreed to testify before the Senate intelligence panel after Memorial Day. Warner said he and Burr hoped to meet with Robert Mueller, the Justice Department's special counsel in the Russia investigation, to talk about what Comey can and cannot say in his testimony.

"Our hope is that the chairman and I will be able to sit down and again just kind of get the rules of the road for us going forward with Director Mueller," Warner said.

Flynn resigned from the Trump White House in February after it was revealed he'd misled White House officials over his conversations with Russian Ambassador Sergey Kislyak, which included communication about sanctions.

In what could be a signal of additional problems for Flynn, Democrats on the House Oversight Committee released a new letter on Monday calling for Chaffetz to issue subpoenas for White House documents.

The letter from Maryland Democratic Rep. Elijah Cummings cites a Report of Investigation from the Pentagon, which was conducted by investigators undertaking a review for Flynn's security clearance application.

According to that March 14, 2016 report, Flynn made false statements to investigators about who funded his foreign trips, including a 2015 trip to Russia where Flynn was paid roughly $45,000 for a speaking engagement. He claimed they were funded by "US companies," even though he was paid by Russia Today, according to the letter released Monday by House Democrats on the Oversight Committee.

The report stated that Flynn said he "had not received any benefit from a foreign country."

Flynn also claimed to investigators he had no substantial contacts with foreign government officials, saying he only had "insubstantial contact," but photos from the event showed Flynn sitting near Putin at that 2015 RT dinner.

The committee Democrats say Chaffetz must subpoena documents from the White House to determine what the White House was told about these foreign contacts and trips.

In the letter, Cummings demanded that Chaffetz either "issue a subpoena to the White House for the documents it is withholding or schedule a business meeting during which committee members can vote to issue the subpoena ourselves."

Flynn previously sought immunity from the Senate committee in exchange for his testimony. Leaders of both the Senate and House panels, which are conducting separate investigations into Russia's election-year meddling, rejected that 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?"

Sen. James Lankford, an Oklahoma Republican on the intelligence panel, said Flynn's decision would not stop the committee's investigation, tweeting: "It is Mike Flynn's right to plead the 5th. We will get to the truth one way or another. We need facts, not speculation & anonymous sources."

Flynn is one of several former Trump aides to whom Senate investigators have sent requests for information to as part of the panel's investigation into connections between Trump associates and Russian officials.

The panel has also sought documents from former campaign foreign policy adviser Carter Page.

The House intelligence panel, meanwhile, is requesting documents from former Trump campaign communications adviser Michael Caputo.

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Warner: Door open to holding Flynn in contempt after invoking Fifth Amendment - My Champlain Valley FOX44 & ABC22

Letter: Michael Flynn cites ‘public frenzy,’ invokes 5th Amendment – Fox 32 Chicago

WASHINGTON (AP) President Donald Trump's former national security adviser, Michael Flynn, invoked his constitutional right against self-incrimination on Monday and declined to hand over documents sought under subpoena by a Senate panel investigating Russia's meddling in the 2016 election.

In a letter to the Senate intelligence committee , Flynn's attorneys justified the decision by citing an "escalating public frenzy against him" and saying the Justice Department's recent appointment of a special counsel has created a legally dangerous environment for him to cooperate with the panel's investigation.

"The context in which the committee has called for General Flynn's testimonial production of documents makes clear that he has more than a reasonable apprehension that any testimony he provides could be used against him," the attorneys wrote in the letter, which was obtained by the AP.

Flynn's decision not to cooperate with the Senate committee represents a new legal complication for the expanding government and congressional inquiries into Russian interference in the presidential campaign and contacts between Trump advisers and Russian officials and representatives. Flynn is a key figure in both the FBI investigation headed by special counsel Robert Mueller and in separate Senate and House inquiries.

Trump appointed Flynn, a retired U.S. Army lieutenant general and top military intelligence chief, as his top national security aide in January, only to fire him less than a month later. The White House said that Flynn had misled top U.S. officials, including Vice President Mike Pence, about his contacts with Russian officials, including Russia's ambassador to the U.S.

The Senate committee's subpoena to Flynn dealt heavily with his interactions with Russian officials. It asked for a wide range of information and documents about his and the Trump campaign's contacts with Russians dating back to June 2015.

Flynn's letter to the Senate committee stressed that his decision to invoke his constitutional protection is not an admission of wrongdoing but rather a response to the current political climate in which Democratic members of Congress are calling for his prosecution. Even "truthful responses of an innocent witness" can give the government ammunition that could be used against Flynn, the attorneys noted, quoting a 2001 Supreme Court ruling.

Legal experts had said Flynn was unlikely to turn over the documents without a grant of immunity because doing so might compel him to waive some of his constitutional protections. The attorneys noted that if Flynn complied with the committee's request, he could be confirming the existence of documents, an act that itself could be used against him.

Trump himself walked back into the Russia controversy during his visit to Israel after Prime Minister Benjamin Netanyahu, standing beside him, was asked Monday if he had any concerns about intelligence sharing with the U.S.

After Netanyahu responded he said the cooperation was terrific Trump volunteered that he "never mentioned the word or the name Israel" during his recent Oval Office conversation with top Russian diplomats.

That comment referred to revelations that he divulged classified information about an Islamic State threat in his May 10 meeting in the Oval Office with Russia's foreign minister and ambassador. U.S. officials have said the information originated with Israel. However, it has not been alleged that Trump told the Russians that Israel was the source.

Trump has defended Flynn since his ouster and called on him to strike an immunity deal because Flynn is facing a "witch hunt." The president's comments are in stark contrast to his harsh words during the 2016 campaign for people who received immunity or invoked the Fifth Amendment in the probe of former Secretary of State Hillary Clinton's use of a private email server.

"You see, the mob takes the Fifth. If you're innocent, why are you taking the Fifth Amendment?" Trump said during a September campaign rally in Iowa.

On Monday, one of Trump's top GOP supporters, New Jersey Gov. Chris Christie, told reporters during a news conference in Trenton that he had expressed concerns about Flynn during the presidential transition.

"If I were president-elect of the United States, I wouldn't let General Flynn in the White House," Christie said.

Flynn's decision does not fully close the door on future cooperation with the committee. Attorney Robert Kelner said in March that Flynn wants to tell his story "should the circumstances permit." He noted it would be unreasonable for Flynn to agree to be questioned by the committee "without assurances against unfair prosecution.

Flynn's letter comes less than two weeks after the committee issued a subpoena for his documents as part of its ongoing investigation into possible collusion between Russia and Trump's campaign. In addition to the Senate investigation, Flynn is also being investigated by other congressional committees, as well as the ongoing FBI counterintelligence probe and a separate federal criminal investigation in northern Virginia.

Washington lawyer Nina Ginsberg, who has extensive national security law experience, said that if Flynn turned over any personal records in response to the committee's subpoena, he would waive his Fifth amendment rights regarding those documents and have to testify about them.

Ginsberg also noted that the committee faces new complications from the Justice Department's move last week to appoint Mueller as special counsel in the Russia inquiry. If the intelligence committee wants to give Flynn immunity, it will likely have to enter into discussions with Mueller to determine whether the move could impede the FBI's case.

Lawmakers of other key congressional committees are pledging a full public airing as to why former FBI Director James Comey was ousted amid the intensifying investigations into Russia's interference with the U.S. election.

In Sunday TV 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. Some lawmakers 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.

Former CIA Director John Brennan is to testify in open and closed hearings Tuesday before the House intelligence committee, which is conducting its own investigation.

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Read the letter: http://apne.ws/2q3S9Y9

___

Associated Press writers Eileen Sullivan, Vivian Salama and Darlene Superville and Michael Catalini in Trenton, New Jersey, contributed to this report.

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Letter: Michael Flynn cites 'public frenzy,' invokes 5th Amendment - Fox 32 Chicago

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?"

Read more:
Michael Flynn expected to invoke Fifth Amendment ...