Curious call for immunity
Michael Flynn, former national security adviser for the Trump administration, has offered his testimony to the House and Senate investigators looking into the Trump campaign’s ties to Russia in exchange for immunity from prosecution.
“Highly unusual” is perhaps the most understated way to describe this request.
There could be perfectly benign reasons for Flynn’s request: cautious advice from his lawyer, Robert Kelner, or genuine fear about testifying in what Kelner describes as a “highly politicized” environment.
But Flynn’s own statements in the past, which are accurate, are casting a shadow over his request.
“When you are given immunity, that means you probably committed a crime,” Flynn said on “Meet the Press” in September, when he was a top campaign aide to Trump.
That’s also been the experience of U.S. Rep. Eric Swalwell, D-Dublin. Swalwell, a former prosecutor, said, “In my experience, innocent people do not seek immunity.”
As a member of the House Intelligence Committee, Swalwell added that, while he’s certainly interested in hearing from Flynn, “I would prefer not to have any conditions on his testimony.”
In fact, Flynn has so far found no takers for his offer.
That may be because the request comes at an unusual time.
The congressional investigations are just getting under way, and the scale of this one is growing by the day. Congress is wise to move cautiously, given all we don’t yet know about the extent of the Trump campaign’s entanglements with Russia.
Plus, the Justice Department may be interested in Flynn’s testimony.
Congress normally tries to avoid disrupting federal investigations — and an immunity deal would make it nearly impossible for the Justice Department to prosecute Flynn. Some legal experts have suggested this disruption may be exactly what Kelner is seeking for his client.
Making things even weirder, Trump stated his support for Flynn’s immunity request in a tweet Friday morning.
We urge the House and Senate committees investigating foreign interference to proceed with caution on granting any early requests for immunity. What’s most important is for Congress to resolve this issue with credibility, not for members to get dragged into partisan politics.