Sacked aide pleads the Fifth as Russia inquiry demands documents
MICHAEL FLYNN, the former national security adviser to President Trump, has invoked the Fifth Amendment to avoid handing over personal documents to a Senate committee investigating Russian meddling in last year’s election.
The Fifth Amendment gives a person the constitutional right to not answer questions or hand over documents to avoid self-incrimination. Mr Flynn became the first associate of the president to “take the Fifth” during the inquiry into whether there was any collusion between the Trump campaign and Russia.
Mr Flynn, a retired Army lieutenant general and former director of the Defense Intelligence Agency, was fired by Mr Trump after it emerged he misled Vice President Mike Pence about the extent of his contacts with Sergey Kislyak, the Russian ambassador. He was kept in his post as national security adviser for 18 days after Sally Yates, the then acting Attorney General, warned he could be a target of blackmail.
The Senate Intelligence Committee had initially requested on April 28 that Mr Flynn hand over all his personal records relating to communications with Russian officials. He refused to do so and on May 10 the committee issued a subpoena, the first to a Trump or former Trump official, demanding the documents be submitted by this Wednesday. A source close to Mr Flynn told ABC News: “He will not be producing the documents they sought. He is entitled to decline, pursuant to the Fifth Amendment.” Sources close to Mr Flynn also said it would be “highly imprudent for him not to exercise his Fifth Amendment rights” because several Democrat members of Congress had called for his prosecution. In a letter to the committee Mr Flynn’s legal team said his decision was due to the “escalating public frenzy against him,” which meant “any testimony he provides could be used against him”.
It was expected to stress that Mr Flynn’s decision to invoke the Fifth Amendment was not an admission of wrongdoing and did not mean Mr Flynn was ruling out cooperation with the committee in the future. Robert Kelner, his lawyer, said in March that Mr Flynn wanted to tell his story “should the circumstances permit” but he wanted “assurances against unfair prosecution”.
However, his request for immunity in return for cooperating was turned down. Mr Trump previously said his former adviser was right to ask for immunity and was the victim of a “witch hunt” by Democrats.