The Latest: AP Source says Flynn will invoke Fifth Amendment

[DonViejo]

Last edited Mon May 22, 2017, 11:17 AM - Edit history (1)

Source: Associated Press


14 minutes ago

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

9:30 a.m.

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.

Read more: https://www.apnews.com/aa3818ca3c844d46ad32bef19511ac73

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Mon May 22, 2017 | 10:57am EDT

Flynn to decline U.S. Senate subpoena in Russia probe: media

Former White House National Security Adviser Michael Flynn will decline to comply with a subpoena from the Senate Intelligence Committee investigating possible Russian interference in the 2016 U.S. election, according to media reports on Monday.

Flynn will invoke his Fifth Amendment protection against self-incrimination, the Associated Press, Wall Street Journal and Fox News reported, citing sources close to Flynn. The retired lieutenant general, a key witness in the Russia probe, planned to inform the panel of his decision later on Monday, the reports said.

The Senate Intelligence Committee is conducting one of the main congressional probes of alleged Russian meddling in the U.S. presidential election and whether there was any collusion between President Donald Trump’s campaign and Russia.

The committee first requested documents from Flynn in an April 28 letter, but he declined to cooperate with the request.

more
http://www.reuters.com/article/us-usa-trump-russia-idUSKBN18I1U9?il=0

[ck4829]

1. What's the matter, Mikey?

“When you are given immunity, that means you probably committed a crime."

http://rw-infopedia.pbworks.com/w/page/117470526/Michael%20Flynn

[dalton99a]

2. History repeats itself

or a reasonable facsimile thereof

[frazzled]

3. Well, they're not handing out immunity like they used to: it can compromise prosecutions

From back in 1997:

AFTER being granted immunity by Congress a generation ago and providing the extraordinary testimony that helped topple President Richard M. Nixon, John W. Dean 3d, his former White House counsel, spent four months in Federal custody for conspiracy to obstruct justice.

Now a new Congressional committee investigating a different White House is contemplating whether to confer immunity on John Huang, the former top Democratic fund-raiser and Government official. But most lawmakers assume Mr. Huang could never be prosecuted if he testified as Mr. Dean was. That is because since Watergate, a Federal appeals court examining the Iran-contra case against Oliver L. North erected virtually insurmountable barriers to prosecutors who go after witnesses immunized by Congress.

...
During the Iran-contra hearings, many more White House aides invoked the Fifth. Eager to find a compelling witness and to hear Mr. North's account, the committee hastily granted him immunity without finding out beforehand what he would say. That decision proved fatal to the prosecutors, who saw Mr. North's conviction reversed by a Federal appeals court.

Hobson's Choice

''The Fifth Amendment requires that the Government establish priorities before making the immunization decision,'' wrote Judges Laurence H. Silberman and David B. Sentelle, two of the most conservative Reagan appointees of the United States Court of Appeals for the District of Columbia, as they accepted the argument of the American Civil Liberties Union and overturned the conviction of Mr. North. ''The Government must occasionally decide which it values more: immunization (perhaps to discharge institutional duties, such as congressional fact-finding and information dissemination) or prosecution.''

http://www.nytimes.com/1997/07/20/weekinreview/playing-the-immunity-card.html

PS: Hey, I put in blockquotes and bold tags, and they're not working. Whazzup with that?

[Bernardo de La Paz]

6. Blockquotes & bold are "html tags", disabled for indefinite time after the last (brief) hack. . . nt

[frazzled]

11. Thanks, I didn't realize that

Now I don't have to waste time pondering it!

[Hortensis]

14. Lol, true and good info. But the REPUBLICAN-controlled Senate committee

has another, yoooge reason for not "handing out immunity" that has nothing to do with protecting Flynn or with seeking justice.

[IronLionZion]

4. Damn it, I was hoping Flynn would rat them all out

What are you hiding?

[Bernardo de La Paz]

5. He might do so yet, but to prosecutors as part of a plea deal, rather than to Committee. . nt

[Hortensis]

16. Exactly.

[Calista241]

17. Depends on if he has valuable information on Trump or Pence.

Otherwise, if Flynn is as high as they can get, he's cooked.

And they're not going to get him on "collaborating" with Russia to win the election, they're going to get him for violating his secrecy agreement with the Army and taking money from the Ukrainians in violation of that agreement.

[bucolic_frolic]

7. Yes, now they are all in for the Bill of Rights

where did their spine go?

[Me.]

8. LOck Him Up

[DesertRat]

9. Trump in 2016: "if you're innocent, why are you taking the fifth amendment?"

Link to tweet

[Javaman]

10. that's his right...

but the questions now need to be asked in such a way that when he invokes his right, it paints a very clear picture of his involvement.

[Paladin]

12. trump supporters develop sudden enthusiasm for the REST of the Bill Of Rights.

i.e., the parts of the Bill Of Rights, besides the Second Amendment.

[dalton99a]

13. +1

[mackdaddy]

15. Flynn might be questioned by DOD under UCMJ and different standards?

I remember different discussion when he was last fired in Feb that as a retired Military officer that he can be re-activated at any time. He was also supposedly told when he retired NOT to work for any foreign governments. I do not understand the details, but Military personnel do not have the same rights as civilians, especial when it comes to the UCMJ military law and JAG proceeding.

Here is a DU post from when he was fired in Feb:
"As a retired Military Officer, if Michael Flynn is guilty of Espionage (for Russia) would the UCMJ..
as per Article 2 and Court Martial and the sentence of Death be applicable? "
https://www.democraticunderground.com/10028629945