Archive for the ‘Fifth Amendment’ Category

Michael Flynn Invokes Fifth Amendment While Subpoenas Stack Up – WhoWhatWhy / RealNewsProject (blog)

Michael Flynn testifies before the House Armed Services Sub-Committee on Intelligence, Emerging Threats, and CapabilitiesPhoto credit:DIA

Michael Flynn had what amounts to the shortest tenure of any national security adviser in US history. He had not held the position for even one full month before being forced to resign on Feb. 13, 2017, after it was revealed that he gave incomplete information on the extent of his contact with Sergei Kislyak, the Russian Ambassador to the United States.

On May 10, the Senate Intelligence Committee ordered a subpoena for documents relating to the ongoing Russia investigation. Flynn responded on May 22 by invoking his Fifth Amendment right against self-incrimination, but this hasnt stopped the subpoenas from piling up.

On Wednesday, the committee followed up by issuing subpoenas to Flynns Virginia-based businesses.

In 2015, Flynn received payments from a Kremlin-funded media outlet, RT (formerly Russia Today), through his company, Flynn Intel. What makes the most recent round of subpoenas more difficult for Flynn to evade is that businesses arent protected under the Fifth Amendment.

According to Rep. Adam Schiff (D-CA), the House Intelligence Committee is preparing subpoenas of its own.

Pleading the Fifth can only offer so much protection for Flynn, who unsuccessfully sought immunity in earlier months in exchange for his testimony. He now runs the risk of being held in contempt of court, though it is unclear if Congress wishes to pursue such action.

These videos provide an overview of recent events as well as a refresher on the history and purpose of the Fifth Amendment.

Related front page panorama photo credit: Adapted by WhoWhatWhy from Michael Flynn (DIA)

Keep it civilized, keep it relevant, keep it clear, keep it short. Please do not post links or promotional material. We reserve the right to edit and to delete comments where necessary.

Trump Supported Macron, Not Le Pen ; What GOP is Killing in Obamacare and More Picks for 5/26

California Dems Pressured to Get Behind Single Payer ; Brit Police Still Plan to Arrest Arrange and More Picks for 5/25

Duterte Declares Martial Law in Philippines ; Corbyn vs the Press and More Picks for 5/24

Surprise: Science Has Little Effect on GOP Views of Climate ; Saudis Pledge $20 Billion to US Infrastructure and More Picks for 5/23

Was Comey Investigating Something Other than Russia? ; Flashback: Trump Ties Saudis to 9/11 and More Picks for 5/22

View original post here:
Michael Flynn Invokes Fifth Amendment While Subpoenas Stack Up - WhoWhatWhy / RealNewsProject (blog)

Michael Flynn expected to invoke Fifth Amendment, source says – WSYR

Former national security adviser Michael Flynn Former national security adviser Michael Flynn Related Content

(CNN) - President Donald Trump's former national security adviser Michael Flynn won't provide records to the Senate intelligence committee and will invoke his Fifth Amendment rights in response to a subpoena from the committee, according to a source close to Flynn.

Flynn's refusal to cooperate comes as he faces scrutiny in several inquiries, including on Capitol Hill and a federal grand jury that has issued subpoenas to associates of the ex-national security adviser.

Flynn's refusal to cooperate will also intensify scrutiny over Trump's decision to hire him initially for the job and his decision to keep him on staff for 18 days after the President was warned by former acting Attorney General Sally Yates that Flynn may have been compromised by the Russians.

The Senate committee had asked Flynn earlier this month to produce all records over his communications with Russian officials by this Wednesday. But Flynn is expected to send a letter later Monday invoking his Fifth Amendment rights.

The source close to Flynn said it would be "highly imprudent for him not to exercise his Fifth Amendment rights" given that several members of Congress have called for his prosecution.

The Associated Press first reported Flynn's plans to invoke the Fifth Amendment.

Flynn's decision to decline the subpoena does not come as a surprise to Senate intelligence leaders, as Flynn's lawyer, Robert Kelner, also told the panel last month he would not provide documents in response to an April request.

Flynn was back in the news last week following the revelation that former FBI Director James Comey wrote in a memo that Trump had asked Comey in a meeting to end his investigation into the former national security adviser.

Flynn resigned from the Trump White House in February after it was revealed he'd misled White House officials over his conversations he had with Russian Ambassador Sergey Kislyak, which included communication about sanctions.

Flynn previously sought immunity from the Senate committee in exchange for his testimony. Leaders of both the Senate and House panels, which are conducting separate investigations into Russia's election-year meddling, rejected that request.

During the 2016 campaign, Trump blasted aides to Hillary Clinton for taking the Fifth Amendment in relation to the investigation of her use of a private email server while secretary of state. He said at a September Iowa rally: "So there are five people taking the Fifth Amendment, like you see on the mob, right? You see the mob takes the Fifth. If you're innocent, why are you taking the Fifth Amendment?"

Read more from the original source:
Michael Flynn expected to invoke Fifth Amendment, source says - WSYR

The Latest: Dems alarmed by report on Trump, intel bosses – Palm Beach Post

WASHINGTON

The Latest on ongoing investigations into Russia's alleged interference with the U.S. election (all times local):

Democrats are expressing alarm at a report alleging that President Donald Trump asked two top intelligence officials to publicly deny collusion between the Russians and the Trump campaign in the 2016 election.

Rep. Adam Schiff of California, the ranking Democrat on the House intelligence committee, says The Washington Post's report that Trump tried to enlist the head of the National Security Agency and the national intelligence director to push the White House narrative is a "disturbing allegation" that Trump is interfering with the FBI probe.

Schiff says the officials involved should testify before Congress and lawmakers must request any memos documenting the conversations.

Sen. Sheldon Whitehouse of Rhode Island, a member of the Senate Judiciary Committee, says the newspaper's report Monday is an indication that Trump is trying to impede the investigation.

House Oversight Committee Chairman Jason Chaffetz says he will postpone a hearing scheduled for Wednesday after speaking with former FBI Director James Comey.

Chaffetz said in a tweet Monday that Comey "wants to speak with Special Counsel (Robert Mueller) prior to public testimony."

Chaffetz, a Utah Republican, has requested that the FBI turn over all documents and recordings that detail communications between Comey and President Donald Trump.

Chaffetz says he wants to determine whether the president attempted to influence or impede the FBI's investigation into former National Security Adviser Michael Flynn.

Chaffetz had invited Comey to speak at Wednesday's hearing. The former FBI head has agreed to testify before the Senate intelligence committee after Memorial Day.

The top two members of the Senate intelligence committee say they will "vigorously pursue" the testimony of President Donald Trump's first national security adviser, even though Michael Flynn has invoked his Fifth Amendment right against self-incrimination.

Sens. Richard Burr of North Carolina and Mark Warner of Virginia say they are disappointed that Flynn has decided to ignore the committee's subpoena. Earlier this month, the committee asked Flynn and other Trump associates for lists of meetings and notes taken during the presidential campaign.

The Senate intelligence committee is among the congressional panels investigating Russia's election meddling and possible ties with the Trump campaign. The FBI is also investigating.

The top Democrat on a House oversight committee says documents he's reviewed suggest that former National Security Adviser Michael Flynn lied to federal security clearance investigators about the source of payments Flynn received from a Russian state-sponsored television network.

Rep. Elijah Cummings of Maryland says Flynn told the investigators during an early 2016 security clearance review that a trip to Moscow was "funded by U.S. companies." Cummings says the actual source of the funds was "the Russian media propaganda arm, RT."

Cummings made the statements in a letter to Rep. Jason Chaffetz, the Utah Republican and chairman of the House oversight committee. Cummings' letter came the same day Flynn declined to provide documents to the Senate Intelligence Committee, citing his Fifth Amendment protection from self-incrimination.

Attorneys for Michael Flynn say that a daily "escalating public frenzy against him" and the Justice Department's appointment of a special counsel have created a legally dangerous environment for him to cooperate with a Senate investigation.

That's according to a letter obtained by The Associated Press that was written on behalf of the former national security adviser under President Donald Trump. The letter, sent Monday by Flynn's legal team to the Senate Intelligence committee, lays out the case for Flynn to invoke his Fifth Amendment protection against self-incrimination and his decision not to produce documents in response to a congressional subpoena.

The letter says that the current context of the Senate's investigation into Russia's meddling in the 2016 election threatens that "any testimony he provides could be used against him."

A Republican member of the Senate Intelligence Committee says "we will get to the truth one way or another" even though former National Security Adviser Michael Flynn is citing Fifth Amendment protections in the panel's investigation into Russia.

Sen. James Lankford tweeted that it is Flynn's right to invoke his constitutional right against self-incrimination as part of the probe into interference in the 2016 elections.

The Oklahoma lawmaker tweeted: "We need facts, not speculation & anonymous sources."

Democratic Sen. Dianne Feinstein said Flynn's move was "unfortunate but not unexpected" and the committee would gain information in other ways.

A person with direct knowledge of the matter says Flynn is citing Fifth Amendment protections. The person spoke on condition of anonymity because they weren't authorized to publicly discuss private interactions.

Former National Security Adviser Michael Flynn will invoke his Fifth Amendment protection against self-incrimination on Monday as he notifies the Senate Intelligence committee that he will not comply with a subpoena seeking documents.

That's according to a person with direct knowledge of the matter. The person spoke on condition of anonymity to discuss the private interactions between Flynn and the committee.

Flynn's decision comes less than two weeks after the committee issued a subpoena for Flynn's documents as part of the panel's investigation into Russia's meddling in the 2016 election.

Legal experts have said Flynn was unlikely to turn over the personal documents without immunity because he would be waiving some of his constitutional protections by doing so. Flynn has previously sought immunity from "unfair prosecution" to cooperate with the committee.

The rest is here:
The Latest: Dems alarmed by report on Trump, intel bosses - Palm Beach Post

A Look at Fifth Amendment Protections Invoked by Flynn – NBC Connecticut

WATCH LIVE

The Fifth Amendment right against self-incrimination being invoked by President Donald Trump's former national security adviser, Michael Flynn, is a bedrock legal principle. It's enshrined in the Constitution's Bill of Rights and relied on by witnesses before Congress and the courts alike.

A look at those protections and elements of the Flynn case:

NO SELF-INCRIMINATION

The amendment provides numerous legal protections for defendants, including the right to have evidence presented to a grand jury. But the best-known provision is one that shields a witness from self-incrimination. Witnesses have invoked it in order to avoid testifying against themselves, or to avoid being forced to produce documents that could be used against them.

NOT AN ADMISSION OF GUILT

Invoking the Fifth Amendment does not mean that a witness is guilty of any crime or even has anything to hide. Instead, it can reflect a witness's concern that any testimony given would be interpreted in an unfavorable way, or that it could be used as evidence in a prosecution. Ironically, both Flynn and Trump pointed to invoking the Fifth Amendment as a sign of guilt during the Hillary Clinton email investigation.

IN FLYNN'S CASE

Flynn is refusing to provide documents to a Senate committee investigating Russian interference in the 2016 presidential election. A subpoena from the Senate intelligence committee requests a list of all contacts between Flynn and Russian officials over an 18-month period. In a letter to the committee Monday, lawyers for Flynn say that he is not admitting wrongdoing but is looking to protect himself from an "escalating public frenzy" of "outrageous allegations."

A PROBLEM FOR INVESTIGATORS

The committee's investigation could be hampered by Flynn's decision to invoke the Fifth Amendment, but lawmakers could try to get some documents on their own or get information they want from another witness. The committee also could file a claim in federal court to try to force Flynn to testify and produce documents, but that could take months.

WHAT ABOUT IMMUNITY?

The committee could offer Flynn immunity in exchange for his testimony, but that could complicate any subsequent Justice Department criminal prosecution. The FBI would not be able to use the immunized testimony, or evidence derived from it, to build a case, though a witness can still be prosecuted for false statements or for evidence of other crimes. The committee would have to alert the attorney general before making such an offer.

Associated Press writer Deb Riechmann contributed to this report.

Published at 3:37 PM EDT on May 22, 2017 | Updated at 4:09 PM EDT on May 22, 2017

Read the original here:
A Look at Fifth Amendment Protections Invoked by Flynn - NBC Connecticut

Flynn invokes Fifth Amendment, rebuffs Senate panel subpoena …

Former national security adviser Michael Flynn on Monday invoked his Fifth Amendment right against self-incrimination, rebuffing a subpoena for documents from a Senate panel probing Russia's meddling in the 2016 election.

Flynn's attorneys said the "escalating public frenzy against him" and the Justice Department's recent appointment of a special counsel have created a legal minefield for him.

"The context in which the committee has called for General Flynn's testimonial production of documents makes clear that he has more than a reasonable apprehension that any testimony he provides could be used against him," the attorneys wrote in the letter, which was obtained by The Associated Press.

Flynn's decision comes less than two weeks after the Senate intelligence committee issued a subpoena for Flynn's documents as part of the panel's investigation into Russia's meddling in the 2016 election.

Sources close to Flynn emphasized that the decision is not evidence of guilt or wrongdoing.

Experts say records can be viewed as testimony and that providing them could be seen as waiving Fifth Amendment constitutional protections.

Flynn has previously sought immunity from "unfair prosecution" to cooperate with the committee.

The Senate committee is one of several congressional inquiries investigating Russian meddling in the 2016 race and possible collusion between Russia and President Trump's 2016 campaign. Flynn is also the target of other congressional investigations as well as an ongoing FBI counterintelligence probe and a separate federal investigation in Virginia.

Former FBI director Robert Mueller was brought in last week to serve as special counsel overseeing the FBI's Russia investigation. This is separate from the Senate committees' work.

Flynn, a retired Army lieutenant general, was fired from his position as Trump's national security adviser in February. At the time, Trump said he fired Flynn because he misled senior administration officials, including the vice president, about his contacts with Russian officials.

Members of key congressional committees are pledging a full public airing as to why former FBI Director James Comey was ousted amid an intensifying investigation into Russia's interference with the U.S. election.

Comey was fired by Trump earlier this month. The former FBI director agreed to testify before the Senate intelligence committee after the Memorial Day holiday.

Fox News Catherine Herridge and The Associated Press contributed to this report.

See the original post:
Flynn invokes Fifth Amendment, rebuffs Senate panel subpoena ...