A Look at Fifth Amendment Protections Invoked by Flynn - NECN

A Look at Fifth Amendment Protections Invoked by Flynn

Invoking the Fifth Amendment does not mean that a witness is guilty of any crime or even has anything to hide

    processing...

    NEWSLETTERS

    Michael Flynn, President Trump's former National Security Advisor, is being investigated by the Defense Department to determine whether he failed to get permission to receive payments from a foreign government. (Published Thursday, April 27, 2017)

    The Fifth Amendment right against self-incrimination being invoked by President Donald Trump's former national security adviser, Michael Flynn, is a bedrock legal principle. It's enshrined in the Constitution's Bill of Rights and relied on by witnesses before Congress and the courts alike.

    A look at those protections and elements of the Flynn case:

    NO SELF-INCRIMINATION

    The amendment provides numerous legal protections for defendants, including the right to have evidence presented to a grand jury. But the best-known provision is one that shields a witness from self-incrimination. Witnesses have invoked it in order to avoid testifying against themselves, or to avoid being forced to produce documents that could be used against them.

    Steve Bannon Out as White House Chief Strategist

    [NATL] Steve Bannon Out as White House Chief Strategist

    Steve Bannon has departed the White House, where he was President Donald Trump’s chief strategist. His tenure lasted seven months. White House chief of staff John Kelly and Bannon mutually agreed that Friday would be Bannon’s last day, according to a statement from the press secretary that said they were “grateful for his service.”

    (Published Friday, Aug. 18, 2017)

    NOT AN ADMISSION OF GUILT

    Invoking the Fifth Amendment does not mean that a witness is guilty of any crime or even has anything to hide. Instead, it can reflect a witness's concern that any testimony given would be interpreted in an unfavorable way, or that it could be used as evidence in a prosecution. Ironically, both Flynn and Trump pointed to invoking the Fifth Amendment as a sign of guilt during the Hillary Clinton email investigation.

    IN FLYNN'S CASE

    Flynn is refusing to provide documents to a Senate committee investigating Russian interference in the 2016 presidential election. A subpoena from the Senate intelligence committee requests a list of all contacts between Flynn and Russian officials over an 18-month period. In a letter to the committee Monday, lawyers for Flynn say that he is not admitting wrongdoing but is looking to protect himself from an "escalating public frenzy" of "outrageous allegations."

    A PROBLEM FOR INVESTIGATORS

    The committee's investigation could be hampered by Flynn's decision to invoke the Fifth Amendment, but lawmakers could try to get some documents on their own or get information they want from another witness. The committee also could file a claim in federal court to try to force Flynn to testify and produce documents, but that could take months.

    Dems, GOP Condemn Trump for 'Both Sides' Blame Game

    [NATL] Dems, GOP Condemn Trump for 'Both Sides' Blame Game as Hundreds Mourn Charlottesville Victims

    Lawmakers and business leaders from both sides of the aisle are criticizing President Donald Trump's comments blaming "both sides" for the violence that erupted in Charlottesville, Virginia, over the weekend, with three dead and dozens more injured. This, as hundreds gathered to mourn at the University of Virginia Wednesday night.

    (Published Thursday, Aug. 17, 2017)

    WHAT ABOUT IMMUNITY?

    The committee could offer Flynn immunity in exchange for his testimony, but that could complicate any subsequent Justice Department criminal prosecution. The FBI would not be able to use the immunized testimony, or evidence derived from it, to build a case, though a witness can still be prosecuted for false statements or for evidence of other crimes. The committee would have to alert the attorney general before making such an offer.

    Associated Press writer Deb Riechmann contributed to this report.