IMMUNITY: QUESTIONS AND ANSWERS

Q: What does it mean to receive immunity, and who can give it?

A: An immunity grant generally shields a witness from prosecution for statements he or she makes to the government. Congress is empowered to give immunity to witnesses who might otherwise be inclined to avoid a committee hearing, protecting them from having their statements later used against them in a criminal prosecution. Plenty of high-profile witnesses have requested immunity for congressional testimony, from high-ranking federal government officials to professional baseball stars, though not everyone has received it.

Q: If a witness seeks immunity, doesn’t that mean he or she is probably guilty of a crime?

A: Not at all. Seasoned lawyers often see no benefit to cooperating with the government without such an agreement, especially since it’s impossible to predict with certainty how the interview will go, what sort of statements or activities investigators will hone in on, or whether any vaguely worded questions will trip up their client or prompt an unexpected answer or one unfavorable to their own interests. Still, there’s no doubt that an immunity request can make someone appear like he or she has something to hide. Flynn himself said as much last year about immunity deals in the Hillary Clinton email investigation, saying in a television interview,“When you are given immunity, that means that you have probably committed a crime.”