According to an Associated Press report, former national security adviser Michael Flynn will invoke the Fifth Amendment right against self-incrimination and refuse to turn over documents lawmakers have subpoenaed related to the ongoing Senate Intelligence committee investigation.
There has been no additional comment by either the leaders of the Senate intelligence committee or Flynn’s lawyer.
For Flynn, it is a cowardly act pickled in the brine of hypocrisy. If you remember, he was hyper critical of the IT specialist in charge of setting up Hillary Clinton’s private email server for pleading the Fifth, as was Donald J Trump, telling Clinton associates, “If you’re innocent, why are you taking the Fifth Amendment?”
Former Trump adviser Carter Page is also being requested to hand over documents to the Senate intelligence committee – he has not as yet complied. In an interview with Business Insider Monday he said that he has no plans to plead the Fifth as he’s “never done anything wrong.”
A Congressional Research Service report states that Congress has three methods by which it can deal with Flynn’s non-compliance: It can detain and imprison him until he complies, refer him to the executive branch (in this case, the Department of Justice) for criminal prosecution, or seek a civil judgment from a federal court that would compel Flynn to comply.
Senate intelligence committee chair Sen. Richard Burr (R-N.C.) refused to comment on which measure they would employ with Flynn, stating, “I’m not going to go into what we might or might not do. We’ve got a full basket of things we might want to test.”