Michael Flynn Is Pleading the Fifth

Donald Trump’s former national security advisor won’t comply with a congressional subpoena.

Kathy Willens/AP

For indispensable reporting on the coronavirus crisis, the election, and more, subscribe to the Mother Jones Daily newsletter.


Former National Security Advisor Michael Flynn will invoke the Constitution’s Fifth Amendment protection against self-incrimination on Monday and refuse to comply with a congressional subpoena, according to the Associated Press. The Senate intelligence committee had asked Flynn for documents in his possession that might relate to the committee’s investigation into Russia’s interference with the 2016 election.

It’s not a surprising move—Flynn was not expected to turn over the documents without immunity, “because he would be waiving some of his constitutional protections by doing so,” according to the AP. Last week, Richard Burr (R-N.C.), chairman of the intelligence committee, prematurely said Flynn would not cooperate.

It’s unclear how Republicans will respond to Flynn’s decision. The intelligence committee could ask Congress to vote on whether to hold Flynn in contemptan option that would force Flynn to face possible fines or jail time if he continued to withhold the documents. “I’m not going to go into what we might or might not do,” Burr said last week when asked what the committee would do next if Flynn refused to cooperate with the investigation. “We’ve got a full basket of things that we’re willing to test.”

Meanwhile, Democrats on the House’s oversight committee are increasing pressure on Chairman Jason Chaffetz (R-Utah) to subpoena the White House for documents on how the White House vetted Flynn, which the committee asked for two months ago. “The White House is obstructing our investigation on the Oversight Committee, covering up for General Flynn, and refusing to produce a single document that Chairman Chaffetz and I asked for in a bipartisan letter two months ago,” Rep. Elijah Cummings (D-Md.), ranking member of the committee, said in a statement over the weekend.*  “I have prepared a subpoena that the Chairman could sign today.” Cummings says if Chaffetz doesn’t want to issue the subpoena himself, he should allow committee members to take a vote on it.

Chaffetz isn’t always so shy about using the power to subpoena—he asked for the FBI’s full investigation into Hillary Clinton’s emails and just last week demanded that the FBI hand over the Comey memos, which detail President Donald Trump’s attempts to curb the federal investigation into Flynn, according to an explosive report last week from the New York Times.

Update, 3:32 p.m. ET: Former Trump campaign associates Paul Manafort and Roger Stone turned in documents Monday for the Senate intelligence probe according to NBC News.

Correction: An earlier version of this article misidentified Cummings’ political affiliation.

DEMOCRACY DOES NOT EXIST...

without free and fair elections, a vigorous free press, and engaged citizens to reclaim power from those who abuse it.

In this election year unlike any other—against a backdrop of a pandemic, an economic crisis, racial reckoning, and so much daily crazy—Mother Jones' journalism is driven by one simple question: Will America will move closer to, or further from, justice and equity in the years to come?

If you're able to, please join us in this mission with a donation today. Our reporting right now is focused on voting rights and election security, corruption, disinformation, racial and gender equity, and the climate crisis. We can’t do it without the support of readers like you, and we need to give it everything we've got between now and November. Thank you.

DEMOCRACY DOES NOT EXIST...

without free and fair elections, a vigorous free press, and engaged citizens to reclaim power from those who abuse it.

In this election year unlike any other—against a backdrop of a pandemic, an economic crisis, racial reckoning, and so much daily crazy—Mother Jones' journalism is driven by one simple question: Will America will move closer to, or further from, justice and equity in the years to come?

If you're able to, please join us in this mission with a donation today. Our reporting right now is focused on voting rights and election security, corruption, disinformation, racial and gender equity, and the climate crisis. We can’t do it without the support of readers like you, and we need to give it everything we've got between now and November. Thank you.

We Recommend

Latest

Sign up for our newsletters

Subscribe and we'll send Mother Jones straight to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate