What Is The Fifth Amendment? Former National Security Adviser Michael Flynn To Deny Subpoena

Former National Security Adviser Michael Flynn plans to invoke the Fifth Amendment Monday in response to a subpoena from the Senate Intelligence Committee. Flynn was set to decline to give the panel documents pertaining to possible Russian involvement in the 2016 election, the Associated Press reported, citing an anonymous source.

In invoking the Fifth Amendment, Flynn would be utilizing the constitutional right that prevents self-incrimination, or being “a witness against himself.”

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property, without due process of law; nor shall private property be taken for public use without just compensation.”

The Senate Intelligence Committee issued a subpoena for Flynn’s documents last week as part of its investigation into Russia’s possible meddling in the 2016 election. The panel hoped to obtain records involving connections between the Trump campaign and Russian officials and businesses, including texts, emails, letters, phone records and financial documents. A source told ABC News that Flynn would “not be producing the documents” and that he was “entitled to decline.”

Flynn resigned as national security adviser by the president in February on the grounds that he misled officials regarding his communication with the Russian ambassador to the United States, Sergey Kislyak. Flynn submitted his resignation after reports emerged that he had discussed sanctions with Kislyak during a phone conversation and then lied about it to top administration officials.

In his resignation letter, Flynn admitted he gave “incomplete information” about the conversation. Flynn was the third adviser in the Trump administration to resign over allegations of ties to Russia.

In utilizing the Fifth Amendment, Flynn would not be admitting wrongdoing but “responding to the current political climate in which Democratic members of Congress are calling for his prosecution,” according to the AP. Flynn declined to cooperate with the intelligence committee once before when they requested it in April.

In a statement from his lawyer before the April request, Flynn stated that he wouldn’t submit to questioning from the panel “without assurances against unfair prosecution.” The president himself chimed in on Twitter, saying Flynn was right to ask for immunity. White House press secretary Sean Spicer then said March 31 that Trump thought “Mike Flynn should go testify… get it out there, do what you have to do.”

“Gen. Flynn’s lawyers said that he would not honor the subpoena,” Senate Intelligence Committee chairman Richard Burr said last week. “That’s not a surprise to the committee.”