Mike Flynn Refuses To Honor Senate Subpoena

Tyler Durden's picture

Just a few short days after receiving a subpoena from the Senate Intelligence Committee, requesting documents relevant to the Committee's investigation into Russian interference with the 2016 election, AP reports that Senator Burr, the top Republican on the committee, says that Michael Flynn's lawyers say he will not honor subpoena.

Last week, in a joint statement from Commttee chair Richard Burr (R-N.C.) and ranking member Mark Warner (D-Va.) the committee disclosed that it had first requested the documents in an April 28 letter to Flynn, but he "declined" to cooperate with the request.

The Senate Select Committee on Intelligence today issued a subpoena for former National Security Advisor Lieutenant General Michael Flynn. The subpoena requests documents relevant to the Committee's investigation into Russian interference with the 2016 election. The Committee first requested these documents in an April 28, 2017 letter to Lieutenant General Flynn, but he declined, through counsel, to cooperate with the Committee's request.

CNN also reported that the FBI had also issued subpoenas relating to Flynn's business records, so the ousted National Security Adviser is now at at the center of both investigations, although as disclosed, he did not comply with the committee's earlier request.

And today we get confirmation from Senator Burr, via AP, that Michael Flynn's lawyers say he will not honor subpoena.

This is perhaps not entirely surprising given Yahoo's reporting that late last month, fired National Security Adviser Michael Flynn—under investigation by federal prosecutors, with his lawyer seeking immunity for him to testify to Congress–met with a small group of loyalists at a restaurant in the northern Virginia suburbs.
Saddled with steep legal bills, Flynn wanted to reconnect with old friends and talk about potential future business opportunities. But one overriding question among those present were his views on the president who had fired him as national security advisor. Flynn left little doubt about the answer.  Not only did he remain loyal to President Trump, he indicated he and the president were still in communication. “I just got a message from the president to stay strong,” Flynn said after the meal was over, according to two sources who are close to Flynn and are familiar with the conversation, which took place on April 25.

We are sure Democratic leadership will have some great soundbites soon (of course, forgeting Hillary-related obfuscations of various government subpoenas during the election campaign).

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HedgeJunkie's picture

Dear Congress.

Go fuck yourselves.

 

Sincerely,

The American People

nuubee's picture

I'm no fan of this bullshit witch-hunt, but on what grounds can you not honor a congressional subpoena?

FrozenGoodz's picture

Don't matter Mike ... you're going down in a heap of DonCon poo ... he's an idiot if he hasn't already offshored his accounts and planned to flee to Turkey

 

Love the news Pence created his own PAC yesterday ... when he finally got wind Dawn may not be precedenting long ... can't wait to see more undermine the Orange guy and begin to protect themselves in place of his arrogance n stupidity

Erek's picture

Maybe because there is nothing substantial in any documents? Hmm...

BaBaBouy's picture

Another Strike on Thump...

They are piling up.

Billy the Poet's picture

Yes, indeed. The sky is falling. Tell your friends!

847328_3527's picture

Lowrenta pleaded the 5th ....Lois lerner pleaded the 5th and Holder pleaded the 5th and NONE of them faced ANY consequences. Even Hillary flouted Congress during the Benghazi invesitagtion of her role in killing the Embassy people in Libya.

Flynn should simply do the same....screw them!

Unless and until they appoint a special prosecutor to investigate Crooked Hillary, a known felon, and her accomplices, the justice system and the doj are seriously broken and one has to weigh all his/her options before cooperating.

barndoor's picture

There is basically only one reason to refuse to respond to a subpoena...

Shemp 4 Victory's picture

 

There is basically only one reason to refuse to respond to a subpoena...

...that reason being, of course, that one is sick of the Vichy DC carnival of bullshit.

Interested_Observer's picture

Susan Rice and her lawyers already did the same thing.

So this isn't a new tactic.

HopefulCynical's picture

There is basically only one reason to refuse to respond to a subpoena...

Yes. Because the Democrat commies are lying shitstains who don't follow the law unless it's working in their favor.

Tell Georgy and Evelyn I said "eat a bag of dicks," will ya'?

TuPhat's picture

You shouldn't tell them that.  They probably do that sort of thing anyway.  Just baby ones of course.

Got The Wrong No's picture

The Trolls were sent out again today, with their mindless Lefty scripts in hand. I count 4, but it could be 2. They always have multiple ID's. 

ThirdWorldDude's picture

I can reassure you this shitshow will keep going until American patriots start taking out "swampthings", one by one and without much pomp...

Only then you'll get a chance to take sovereignty back into Joe Sixpack's hands where it belongs.

NiggaPleeze's picture

 

Pleading the Fifth Amendment - the right against self-incrimination - is a different beast than refusing to respond to document subpoenas.  The Fifth Amendment states that "[n]o person ... shall be compelled in any criminal case to be a witness against himself".  This has long been held only to preclude compulstory testimony (i.e., to be a "witness").  The Supreme Court has made it clear that the privilege does not apply to pre-existing documents and records.

There is however a wrinkle on that doctrine, on which Flynn may be relying, termed the "act-of-production doctrine".  If the act of producing the documents itself is incriminating - because the government subpoena is not specific enough and essentially requires the target to "admit" to possessing certain documents and to authenticate them, which elements (existence and authentication) are typically established by testimony - then the privilege applies:

the act of producing documents in response to a subpoena may have a compelled testimonial aspect. We have held that “the act of production” itself may implicitly communicate “statements of fact.”  By “producing documents in compliance with a subpoena, the witness would admit that the papers existed, were in his possession or control, and were authentic.”  United States v. Hubbell, 530 U.S. 27 (2000).

I don't know what the subpoena requested, but if the request wasn't specific enough in terms of documents, then Flynn may be on solid ground (i.e., in the same illustrious boat as Lynch and Holder).

Note that Flynn has offered to testify in exchange for immunity from prosecution.

barndoor's picture

Can't take the fifth with respect to a request for documents...

DOJ don't foll around.  Dawny gunna have you use up his first pardon.  How many does he get?

gramps's picture

It's funny how liberals always project with baby talk.

barndoor's picture

I was going for urban, not baby talk.  Doesn't render well in the written word.  

barndoor's picture

Yes - I know.  That is exactly what I said in the post above.

They can't all be winners....

I figured you Trump people would know that...

On the plus side, no one has gotten "sick of all the winning" yet!

veritas semper vinces's picture

Jewmerica JUST US system-prosecuting fabricated accusations and ignoring the real ones. Prosecuting little people , political adversary,whistleblower and truth tellers and ignoring the big criminals,sharks,traitors,big thives.

USA USA !

Synoia's picture

Jewmerica- No,no, no.

 

It's the Jewnited States.

Smufty's picture

"ignoring the big criminals,sharks,traitors,big thives."

like all the Goldman Sucks cronies Trump has hired??


BillyBass's picture

That's not for him to decide.

X- x3's picture

RE: "Maybe because there is nothing substantial in any documents? Hmm..."

>>>>

According to David Zublick, Mike Flynn 'has the goods' on many of the #PedoGate folks in D.C.

ex-FBI Comey likes to dress-up boys in Howdy Doody attire and have sex with them!!!

I'm not joking.

>>>>

BREAKING: Trump Fired Comey Over PizzaGate Cover-Up Published on May 15, 2017

FBI agents say the bureau was alarmed over Director James Comey deciding not to suggest that the Justice Department prosecute Hillary Clinton over her mishandling of classified information. President Donald Trump fired Comey for disloyalty and for failure to fully investigate the Hillary Clinton email scandal. Well now, we may know why. Comey may be involved in the PizzaGate pedophile sex trafficking scandal. David Zublick unseals the truth in this special report!

Howdy Doody

X-

froze25's picture

That needs to be the answer to almost everything, "Hillary didn't do this so neither am I" or "I did it because we know its legal since Hillary did it and didn't get prosecuted for it". Every time!

NoDebt's picture

"I'm sorry, Senator, he won't show up."

"Oh, well that's that then, I guess."

 

I just got out of jury duty earlier today (yay!) and it was harder to do that than ignore a congressional subpoena.  In fact, they shouldn't even call it a subpoena any more.  Call it an.... invitation.  If you can make it, great.  If not, don't sweat it, it's not a problem.

Worst case scenario, just call up the 9th Circuit Court of Appeals and have the put an injuction out halting the proceedings.  Nobody can say no to the 9th circuit's veto gavel.

 

meta-trader's picture

she was a waitress in a cocktail bar now she owns a jet... http://bit.ly/2jdTzrM

nmewn's picture

"Dear esteemed congresscritters who have authorized spying on all Americans without a warrant and have created 20 trillion in debt to get elected. 

Go fuck yourselves. 

Warmest regards,  

Mike Flynn"

Joe Davola's picture

Doesn't all this get to the heart of the issue that congress really doesn't want to do anything, other than continue to show up and collect a check (and all the side money they can).  They've wimped out so many times before, they can't be expected to be taken seriously now.  All of which leads to the situation we have now (and would have had an order of magnitude more with Hillary), where all power is either in the executive branch or the 9th district's gavel (h/t NoDebt).  There was a reason Obamacare was written with so many things left to the HHS secretary - congress didn't actually vote for specific things, so they can rail against how the provisions are implemented.

847328_3527's picture

The Repugnicans are especially lazy considering they control both houses and have done squat. Semators like 'Do Nothing' Cornyn should be impeached or resign.

ASimpleTrader's picture

The DemoRats wanna keep gumming up any real progress on Trump agenda, and the Repugnicans (LOVE IT) are too dumb to realize that actually standing up to the DemoRats can work. Trump and on a smaller level Sheriff Clark. Both stand up to the liberal nonsense and have had electorial sucess and the backing of their constiuants from it.  Heck Clark's been elected time and time again runnig as a Democrat in liberal Milwaukee County  trashing liberals. 

adanata's picture

It should be obvious to the people by now, there are no parties in DC. Only Central Bank minions doing everything possible to block, confound, embarrass, slander and cripple any attempt to help either the country or people.

If he is not controlled, Trump absolutely must start arresting people and stop trying to make deals with the devil.

Pumpkin's picture

It needs about 40 more curse words.

nuubee's picture

Let's ask FrozenBrainz.... What crime has Flynn committed? What statute has he violated that is being investigated?

KimAsa's picture

Frozenballs left already. He doesn't stick around to answer those softball questions.

FrozenGoodz's picture

22 U.S.C. § 611 et seq.

nuubee's picture

That's good, now can we arrest everyone in charge of the N.Y. Times on that same statute?

http://abcnews.go.com/Business/story?id=6690579

alangreedspank's picture

That article says it's illegal to have the Russian hack the elections, put in their puppet and choose the party they want for Congress and Senate ?

Whereallthewhitewomenat's picture

Under that code pretty much all of congress should receive a subpoena

Jacksons Ghost's picture

Failing to register as a lobbyist.  Taking money from Turkey as an unlisted lobbyist (bribery).

I can defend Trump better, but why anyone is defending Flynn is beyond me. Flynn is a Swamp thing too.  Selling influence to foreign states.  Lock that fucker up next to Hillary.

nuubee's picture

By that measure, the entire Clinton clan along with their foundation should be in prison. You can't just pick-and-choose which people you don't like taking foreign money while working as a politician.

Winston Churchill's picture

The fact Mueller has bipartisan support tells us all what his agenda will be.

He was the swamps gamekeeper for eight years.The deputy ag has also shown where his loyalty is.

Nothing changes until the semi pitchforks come out.

Same as it ever was.

Marge N Call's picture

FrozenGoodz: member for 12 weeks

That's all you need to know. Idiot.

Squid Viscous's picture

he's a military "hero"

saved us from countless boogey men.

lol

847328_3527's picture

Well, at least he didn't get caught like "Hero" McShame.

Dangerclose's picture

5th Amendment right not to self incriminate but you still have to appear.