Senate panel chairman: Flynn won't honor subpoena

Fernando Stephens
May 20, 2017

Republican Sen. Richard Burr of North Carolina, the panel's chairman, said Flynn's lawyer told him that the retired army general, whom President Donald Trump fired in February, would not honor the committee's subpoena to produce documents related to the Russian Federation investigation.

Sen. Lindsey Graham, a South Carolina Republican, who is leading his own Russian Federation investigation through the Senate Judiciary Committee, said, "Congress is now pretty much shut down when it comes to all things Flynn". An earlier report said that Flynn's lawyers said that he planned to ignore a Senate panel's subpoena.

Congressional aides said negotiations with Flynn's lawyer continue, Reuters reported.

Flynn's attorneys "have not yet indicated their intentions" on the subpoena, Burr said later in a statement released by his office, but he added, "I welcome their willingness to cooperate".

Flynn's lawyer did not immediately return a request for comment.

Nina Ginsberg, a veteran Washington defense attorney with extensive experience in national security cases, said that without an ironclad immunity deal from the committee, Flynn would have been exposed to questioning from investigators about any personal documents he gave up.

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The relevant statute, 2 U.S.C. ยง 194, directs the President of the Senate (Vice President Mike Pence or, in his absence, president pro tempore Orrin Hatch) to certify the contempt statement of facts to the "to the appropriate United States attorney, whose duty it shall be to bring the matter before the grand jury for its action". Even with this information, Trump named him national security adviser.

While Flynn was asked to resign by President Donald Trump in February after former Acting Attorney General Sally Yates warned the White House that Russian Federation had leverage over him, Flynn was also the center of several major stories that broke on Wednesday and Thursday morning.

Despite the disclosure, Trump appointed Flynn as his national security adviser.

Flynn has been under scrutiny from the Justice Department since at least November 30, when the department's Foreign Agent Registration Act unit sent him a letter questioning whether he needed to register as a foreign agent for lobbying work he performed for a Turkish businessman.

On Jan. 4, Flynn informed Trump transition team lawyer Don McGahn that he was under investigation by the Department of Justice (DOJ) for lobbying on behalf of the Turkish government during the 2016 presidential race despite not registering as a foreign agent, The New York Times reports. As of last week, the committee had received two responses, according to Burr. Things are then passed over to the US attorney for the District of Columbia, who would be the one to pursue a case.

Other reports by BadHub

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