15:45, May 22 284 0 abajournal.com

2017-05-22 15:45:05
Michael Flynn reportedly invokes Fifth Amendment in letter to Senate

Developing: Former National Security Adviser Michael Flynn has reportedly invoked his Fifth Amendment right against self-incrimination in refusing to give the Senate Intelligence Committee records about his communications with Russian officials.

The Associated Press obtained a copy of the letter declining the subpoena request, while the New York Times obtained confirmation of Flynn’s decision from a person familiar with the decision. The Washington Post also has a story.

The letter, written by Flynn’s lawyers at Covington & Burling, says that producing the documents would be a testimonial act that is entitled to Fifth Amendment protection.

The letter says the current environment, along with the appointment of a special counsel, makes clear that Flynn “has more than a reasonable apprehension” that any material provided could be used against him.

“Multiple members of Congress have demanded that he be investigated and even prosecuted,” the letter says. “He is the target on nearly a 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.”

The letter says Flynn is willing to give a full account of the facts if he receives “assurances against unfair prosecution,” a phrase the Washington Post translates as a request for immunity from prosecution.

The Senate Intelligence Committee is investigating Russian attempts to influence the election.