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(Based on video interview) Summary of actions in response to Flynn lawyers – Question use of the Fifth Amendment as pertains to production of documents, and relating to document specificity – they have been very specific in documents requested; Issued two subpoenas to the Michael Flynn businesses of which they are aware: Flynn Intel LLC and Flynn Intel, Inc. with a specific list of documents, because even more clear that corporations have no right to plead the fifth.
“Senate Intel Chair: It’s Not Our Place to Offer General Flynn Immunity
MAY 23, 2017 Senators Richard Burr (R-NC) and Mark Warner (D-VA) issue subpoenas to businesses owned by Michael Flynn as they give him another opportunity to tell his story. They also keep contempt of Congress on the table as they decline to offer him immunity.” https://www.c-span.org
According to the lawyers (Robert Kelner et. al.) representing former Trump National Security Advisor Flynn, in a letter to the US Senate Intel Committee:
Flynn lawyers further invoke the fifth amendment regarding self-incrimination, although this usage of the fifth, as applied to documents, remains fairly debatable, according to legal experts.
Letter via LA Times: https://assets.documentcloud.org/documents/3728320/Michael-Flynn-counsel-s-letter-to-Senate.pdf
From the US Senate Intell Committee:
“05.22.17 Intel Committee Joint Statement on Flynn’s Refusal to Comply with SSCI’s Subpoena WASHINGTON – Senator Richard Burr (R-NC), Chairman of the Senate Select Committee on Intelligence (SSCI), and Senator Mark Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, today made the following statement after the Committee received notification from Lieutenant General Michael Flynn’s (Ret.) counsel that he would decline the request for an interview and the production of subpoenaed documents:
“While we recognize General Flynn’s constitutional right to invoke the Fifth Amendment, we are disappointed he has chosen to disregard the Committee’s subpoena request for documents relevant and necessary to our investigation.
We will vigorously pursue General Flynn’s testimony and his production of any and all pertinent materials pursuant to the Committee’s authorities.”
US Senator: “Feinstein on Flynn Decision to Invoke Fifth Amendment Rights May 22 2017 Washington—Senate Judiciary Committee Ranking Member Dianne Feinstein (D-Calif.) today released the following statement on reports that General Michael Flynn will invoke his Fifth Amendment rights:
“I’ve seen reports that General Michael Flynn will refuse to testify before Congress or provide documents. That’s unfortunate but not unexpected.
“I believe both the Intelligence and Judiciary Committees should continue to seek other ways to gain access to this information. Already Chairman Grassley and I have sent requests to the White House, FBI and Defense Department for memos, recordings, notes and other documents. The investigation will go on.” https://www.feinstein.senate.gov/public/index.cfm/press-releases?id=291648AB-5882-4D0E-BFBD-878AF70F4672
“Contempt of Congress is the act of obstructing the work of the United States Congress or one of its committees. Historically, the bribery of a senator or representative was considered contempt of Congress. In modern times, contempt of Congress has generally applied to the refusal to comply with a subpoena issued by a Congressional committee or subcommittee—usually seeking to compel either testimony or the production of requested documents.” https://en.wikipedia.org/wiki/Contempt_of_Congress
It is apparently fairly debatable if Flynn can invoke the Fifth for the production of documents: https://jonathanturley.org/2017/05/23/does-congress-have-any-options-after-flynn-takes-the-fifth-you-bet/
Emphasis our own. Full 6 page Letter from former Trump National Security Advisor’s, Flynn, lawyers to US Senate via LA Times: https://assets.documentcloud.org/documents/3728320/Michael-Flynn-counsel-s-letter-to-Senate.pdf
“The Fifth Amendment (Amendment V) to the United States Constitution is part of the Bill of Rights and protects individuals from being compelled to be witnesses against themselves in criminal cases. “Pleading the Fifth” is a colloquial term for invoking the right that allows witnesses to decline to answer questions where the answers might incriminate them, and generally without having to suffer a penalty for asserting the right. Defendants cannot be compelled to become witnesses at their own trials. ” https://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution
“Senate panel says it will subpoena Michael Flynn businesses
Posted:Tue, 23 May 2017 18:02:19 -0400 WASHINGTON (Reuters) – The leaders of the U.S. Senate Intelligence Committee said on Tuesday they would subpoena two of former national security adviser Michael Flynn’s businesses after Flynn declined to comply with a subpoena for documents in the panel’s Russia probe. ” http://feeds.reuters.com/~r/Reuters/PoliticsNews/~3/Q5cRusxHgsI/us-usa-trump-russia-senate-idUSKBN18J2Y9