Michael Flynn has refused to appear before the Senate Intelligence Committee.
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.
So Flynn isn’t talking. But … what about his emails?
Mr. Flynn had been ordered by the Senate Intelligence Committee to hand over emails and other records related to any dealings with Russians. His decision to invoke his Fifth Amendment right puts him at risk of being held in contempt of Congress, which can result in a criminal charge.
On the other hand, Paul Manafort and Roger Stone have agreed to turn over documents demanded by the committee.
The letter from Flynn’s attorneys is now available. The main argument appears to be that if Michael Flynn turned over documents showing that he was inappropriately communicating with the Russian government, it would show … that he was inappropriately communicating with the Russian government.
Producing documents that fall within the subpoena’s broad scope would be a testimonial act, insofar as it would confirm or deny the existence of such documents.
Yeah, but … pleading the fifth on producing the documents would also seem to be indicative that there are such documents. Because if there were not, then simply saying “nothing to see here” would be both an answer to the request and an effective defense.
Flynn’s attorneys argue that Flynn has a “reasonable cause to apprehend danger” following the appointment of Robert Mueller as special counsel and increased demands for a thorough investigation that followed on Donald Trump’s firing of FBI Director James Comey.
Multiple members of Congress demanded that he be investigated and even prosecuted. He is the target on nearly a daily basis of outrageous allegations, often attributed to anonymous sources in Congress or elsewhere in the United States Government, which, however fanciful on their face and unsubstantiated by evidence, feed the escalating public frenzy against him.
The letter from Flynn’s attorneys also restates his willingness to testify … if he can get protection from prosecution.