As Ed noted yesterday, Gen. Michael Flynn said he would plead the 5th Amendment rather than testify or deliver documents to the Senate Intelligence Committee. But the Intel Committee isn’t taking no for an answer and today it issued two more subpoenas to Flynn’s businesses. Politico reports:
President Donald Trump’s former national security adviser has invoked his Fifth Amendment rights in response to the committee’s previous subpoena attempt. Committee leaders are directing the new subpoenas at his businesses, believing they can’t plead the Fifth.
“While we disagree with Gen. Flynn’s lawyer’s interpretation of taking the Fifth, it is even more clear that a business does not have a right to take the Fifth if it’s a corporation,” said top committee Democrat Mark Warner of Virginia. Before becoming Trump’s national security adviser, Flynn ran a consulting firm called the Flynn Intel Group.
Sen. Chuck Schumer is pushing to force Flynn to appear before congress and plead the 5th Amendment, at which point he could be held in contempt. “He should comply and there will be consequences if he doesn’t,” Schumer said Tuesday.
It’s fair to assume Schumer is primarily interested in creating a TV spectacle which might benefit Democrats in 2018, but it sounds as if Republican Chairman Richard Burr isn’t ruling out the possibility of holding Flynn in contempt if he doesn’t respond to the latest subpoenas. “At the end of that option is a contempt charge, and I’ve said that everything is on the table,” Burr said during a press briefing today. But Burr made clear he wasn’t there yet. “We would like to hear from General Flynn. We’d like to see his documents. We’d like him to tell his story because he publicly said ‘I’ve got a story to tell.’ We’re allowing him that opportunity to do it,” Burr said.
Here’s the full statement to the press by Chairman Burr and Vice Chairman Warner: