Flynn invokes 5th Ammend with Senate
Source: MSNBC Breaking News 1:00PM Pacific time
Flynn takes the 5th ammend with with senate panel and won't hand over documents.
Read more: MSNBC Breaking news 1:00PM
Judi Lynn
(160,515 posts)Matthew28
(1,796 posts)onecaliberal
(32,818 posts)obamanut2012
(26,068 posts)WTF
PoliticAverse
(26,366 posts)the 5th can be used in the case of documents.
See United States v Hubbell...
https://en.wikipedia.org/wiki/United_States_v._Hubbell
On the other hand, we have also made it clear that 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.19 Moreover, as was true in this case, when the custodian of documents responds to a subpoena, he may be compelled to take the witness stand and answer questions designed to determine whether he has produced everything demanded by the subpoena.20 The answers to those questions, as well as the act of production itself, may certainly communicate information about the existence, custody, and authenticity of the documents. Whether the constitutional privilege protects the answers to such questions, or protects the act of production itself, is a question that is distinct from the question whether the unprotected contents of the documents themselves are incriminating.
mahatmakanejeeves
(57,393 posts)PoliticAverse
(26,366 posts)obamanut2012
(26,068 posts)Honeycombe8
(37,648 posts)Maven
(10,533 posts)Judi Lynn
(160,515 posts)Chad Day and Stephen Braun, Associated Press
Updated 3:00 pm, Monday, May 22, 2017
WASHINGTON (AP) President Donald Trump's former national security adviser, Michael Flynn, invoked his constitutional right against self-incrimination on Monday and declined to hand over documents sought under subpoena by a Senate panel investigating Russia's meddling in the 2016 election.
In a letter to the Senate intelligence committee , Flynn's attorneys justified the decision by citing an "escalating public frenzy against him" and saying the Justice Department's recent appointment of a special counsel has created a legally dangerous environment for him to cooperate with the panel's investigation.
"The context in which the committee has called for General Flynn's testimonial production of documents makes clear that he has more than a reasonable apprehension that any testimony he provides could be used against him," the attorneys wrote in the letter, which was obtained by the AP.
Flynn's decision not to cooperate with the Senate committee represents a new legal complication for the expanding government and congressional inquiries into Russian interference in the presidential campaign and contacts between Trump advisers and Russian officials and representatives. Flynn is a key figure in both the FBI investigation headed by special counsel Robert Mueller and in separate Senate and House inquiries.
More:
http://www.chron.com/news/politics/article/Key-lawmakers-vow-full-airing-of-reasons-behind-11163298.php
mpcamb
(2,870 posts)SummerSnow
(12,608 posts)If the Russian investigation is a lie created by the Democrats and a witch hunt , then why would Flynn take the 5th? What do you have to hide and wouldn't this be the golden opportunity to prove the so called 'witch hunters' wrong?
hughee99
(16,113 posts)About Clinton's IT guy. It's possible that Flynn's documents implicate him in illegal activity that still doesn't prove trump-Russia collusion.
TomSlick
(11,096 posts)If, as we claim, we are supporters of Constitutional rights, then even Flynn is entitled to his Fifth Amendment protections. Any competent lawyer would advise he invoke. Yes, it is my personal opinion that Flynn ought to be headed for jail but it is important that he be afforded a fair trial with full Constitutional protections.
it is REPUKES who should be "consistent"
http://www.cnn.com/2017/05/22/politics/trump-campaign-staff-fifth-amendment-flynn/
GreydeeThos
(958 posts)Proceed directly to sentencing.
Judi Lynn
(160,515 posts)LAUREN HOLTER
MAY 22, 2017, 3:19 PM
Michael Flynn, President Trump's former national security adviser, will invoke his Fifth Amendment right in the ongoing investigation into the Trump campaign's ties to Russia, The Associated Press reported on Monday. The phrase is thrown around a lot, but it's important to understand what the Fifth Amendment actually says and when it's applicable.
Flynn is at the center of the federal probe into the Trump administration's ties to Russia: He resigned as Trump's national security adviser back in February after it came to light that he misled Vice President Mike Pence about conversations he had with the Russian ambassador before President Trump took office. The Justice Department has been looking into Flynn since before the new administration began, as The New York Times reported he disclosed to Trump's transition team that he was under federal investigation. However, Trump hired him anyway.
Now, Congress is also investigating and demanding more information from Flynn regarding his dealings with Russia, but he's invoking his Fifth Amendment right. Let's look at what that means for him and the overall Trump-Russia investigation.
What does the Fifth Amendment say?
This amendment dictates a few rights for those accused of a crime, including that you can't be forced to serve as a witness against yourself. When someone is arrested, there are a set of Miranda rights cops must relay, including that the suspect has the right to remain silent (i.e. plead the Fifth). People called to witness in a court case can also plead the Fifth if they believe answering the questions posed would incriminate them.
More:
http://www.refinery29.com/2017/05/155618/what-is-the-fifth-amendment-michael-flynn
Skittles
(153,147 posts)FUCKING TRAITOR