Confirming last week's report that Michael Flynn will not comply with requests to testify before the Senate Intel Committee, moments ago AP reported that Flynn has indeed declined the subpoena and plans to officially invoke the Fifth Amendment sometime on Monday.
ACcording to a repot from the AP, Former National Security Adviser Michael Flynn will invoke his Fifth Amendment protection against self-incrimination on Monday as he notifies the Senate Intelligence committee that he will not comply with a subpoena seeking documents.
That's according to a person with direct knowledge of the matter. The person spoke on condition of anonymity to discuss the private interactions between Flynn and the committee.
Flynn's decision comes less than two weeks after the committee issued a subpoena for Flynn's documents as part of the panel's investigation into Russia's meddling in the 2016 election.
Furthermore, according to Dow Jones, Flynn is refusing to turn over documents that were subpoenaed by the Senate Intel Committee. This echoes what AP reported, which noted that legal experts have said Flynn was unlikely to turn over the personal documents without immunity because he would be waiving some of his constitutional protections by doing so. Flynn has previously sought immunity from "unfair prosecution" to cooperate with the committee.
Flynn previously offered to testify before the Senate and House Intelligence committees in exchange for immunity, but neither committee accepted the offer.
Last week, Senate Intelligence Committee Chairman Richard Burr said that Flynn was “not cooperating” so far with the committee’s investigation, but that he hadn’t received a “definitive” answer on whether Flynn would testify.
As a reminder, also last week CNN reported that the FBI had first issued subpoenas relating to Flynn's business records, so the ousted National Security Adviser is now at at the center of both investigations and at least for the time being, he is refusing to comply with the Congressional probe. And while pleading the Fifth is a popular legal tactic, especially for those who do not have apriori immunity from prosecution such as virtually the entire Clinton campaign in their FBI testimonies, it is largely an admission of guilt in the court of public opinion and will prompt a new round of question over just what Flynn is hiding.