USA TODAY US Edition

Senate panel: Michael Flynn risks contempt of Congress

Lawmakers subpoena former Trump aide’s business records

- Kevin Johnson and Erin Kelly

Accelerati­ng its WASHINGTON pursuit of Michael Flynn, the Senate Intelligen­ce Committee issued two new subpoenas Tuesday for his business records — and raised the specter of holding the embattled former national security adviser in contempt of Congress if he continues to resist turning over documents for the investigat­ion into possible collusion between President Trump’s campaign and Russia.

The subpoenas from Chairman Richard Burr, R-N.C., and Virginia Sen. Mark Warner, the panel’s top Democrat, come one day after Flynn invoked the Fifth Amendment and asserted his right against self-incriminat­ion by rejecting the panel’s demands for documents related to his contacts with Russian officials.

“I’ve said everything is on the table,” Burr said, referring to possible contempt proceeding­s. “It is not our preference today.”

Flynn, a retired Army lieutenant general, was fired by the White House in February after revelation­s he lied to administra­tion officials about his contacts with Russian ambassador to the U.S., Sergey Kislyak, before President Trump’s inaugurati­on.

Burr also said it would not be “appropriat­e” for the panel to consider Flynn’s previous request for immunity in exchange for his cooperatio­n with the committee.

“As valuable as Gen. Flynn may be to our counterint­elligence investigat­ion, we do not believe it is our plan today to offer him immunity,” Burr said.

Flynn’s attorney did not respond to a request for comment.

But in a letter Monday to the committee outlining his client’s Fifth Amendment claim, attorney Robert Kelner said Flynn has been the “target on a near 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.”

As a result, the attorney said, Flynn has “more than a reasonable apprehensi­on that any testimony he provides could be used against him.”

The subpoenas the committee announced Tuesday seek records from Flynn’s two consulting businesses, Flynn Intel LLC and Flynn Intel Inc.

The committee took action, Warner said, because business entities — unlike people — cannot assert a right against self-incriminat­ion.

In addition to Flynn, the Senate panel has subpoenaed former Trump advisers Paul Manafort, Roger Stone and Carter Page for informatio­n related to their contacts with Russian officials. The Intelligen­ce Committee has acknowledg­ed receiving materials from Manafort and Stone but declined to comment on whether their submission­s fully complied with the record requests.

The three advisers are also prominent figures in the FBI inquiry into possible coordinati­on between Trump associates and the Russian government.

The Justice Department last week appointed former FBI director Robert Mueller as special counsel to oversee that investigat­ion after Trump’s abrupt dismissal of James Comey as FBI director. The appointmen­t of Mueller came a day after revelation­s that Comey kept detailed memos of his contacts with Trump, including a February dinner in which the president allegedly pressed the FBI director to shut down the investigat­ion into Flynn.

Trump has denied making such a request. Fox News reported Tuesday that Trump has hired private attorney Marc Kasowitz to deal with matters related to the special counsel’s investigat­ion. Kasowitz did not return requests for comment.

“Everything (including charges of contempt) is on the table. It is not our preference today.” Richard Burr, Senate Intelligen­ce Committee chairman

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