WASHINGTON, D.C. — Former national security adviser Michael Flynn is planning to refuse a Senate subpoena to testify and will invoke the Fifth Amendment, say published reports.
Flynn, who was fired as president Donald Trump’s NSA advisor after it was uncovered he had failed to disclose communications he had Russia officials, received a subpoena from Senate Intelligence Committee for documents related to his interactions with Russian officials from June 2015 to January 2017.
The subpoena was issued after Flynn’s attorney, Robert Kelner, failed to provide the documents in response to the panel’s investigation into Russia’s meddling in the 2016 election.
“He will not be producing the documents they sought. He is entitled to decline, pursuant to the Fifth Amendment,” a source close to Flynn told ABC News (http://abcnews.go.com/Politics/michael-flynn-amendment-decline-senate-subpoena/story?id=47560095).
In April, Flynn said through a statement from his lawyer that he wouldn’t agree to questioning by the committee “without assurances against unfair prosecution.”
Members of the House and Senate Intelligence panels leading the Congressional probe have thus far refused to agree to Flynn’s terms.
Although sources close to the retired Army lieutenant general say the decision is not evidence of guilt or wrongdoing, White House insiders say the president is less than pleased by Flynn’s refusal to cooperate.
“Gen. Flynn¹s lawyers said he would not honor the subpoena, and that¹s not a surprise to the committee,” Senate Intelligence Committee, Sen. Richard Burr (R-NC), told reporters in response to the report, “but we¹ll figure out on Gen. Flynn what the next step, if any is.”
“It is Mike Flynn’s right to plead the 5th,” said Sen. James Lankford (R-OK), also a member of the Senate Intelligence Committee. “We will get to the truth one way or another.”