Senate panel: Michael Flynn risks contempt of Congress
WASHINGTON – Accelerating its pursuit of Michael Flynn, the Senate Intelligence Committee issued two new subpoenas Tuesday for his business records – and raised the specter of holding the embattled former national security adviser in contempt of Congress if he continues to resist turning over documents for the investigation into possible collusion between President Trump's campaign and Russia.
The new subpoenas from Chairman Richard Burr, R-N.C., and Virginia Sen. Mark Warner, the panel's top Democrat, come one day after Flynn invoked the Fifth Amendment and asserted his right against self-incrimination by rejecting the panel's demands for documents related to his contacts with Russian officials.
"I've said everything is on the table,'' Burr said, referring to possible contempt proceedings. "It is not our preference today.''
Flynn, a retired Army lieutenant general, was fired by the White House in February after revelations he lied to administration officials about his contacts with Russian ambassador to the U.S., Sergey Kislyak, before President Trump's inauguration.
Burr also said that it would not be "appropriate" for the panel to consider Flynn's previous request for immunity in exchange for his cooperation with the committee.
"As valuable as Gen. Flynn may be to our counterintelligence investigation, we do not believe it is our plan today to offer him immunity,'' Burr said.
Flynn's attorney did not respond to a request for comment Tuesday.
But in a Monday letter to the committee outlining his client's Fifth Amendment claim, attorney Robert Kelner said his client Flynn has been the "target on a near daily basis of outrageous allegations, often attributed to anonymous sources in Congress or elsewhere in the United States government, which, however fanciful on their face and unsubstantiated by evidence, feed the escalating public frenzy against him.''
As a result, the attorney said, Flynn has "more than a reasonable apprehension that any testimony he provides could be used against him.''
The new subpoenas the committee announced Tuesday seek records from Flynn's two consulting businesses – Flynn Intel LLC., and Flynn Intel Inc.
The committee took action, Warner said, because business entities – unlike individuals – cannot assert a right against self-incrimination.
In addition to Flynn, the Senate panel has issued subpoenas to former Trump advisers Paul Manafort, Roger Stone and Carter Page for information related to their contacts with Russian officials. The Intelligence committee has acknowledged receiving materials from Manafort, and Stone, but declined to comment on whether their submissions fully complied with the record requests.
The three advisers are also prominent figures in the ongoing FBI inquiry into possible coordination between Trump associates and the Russian government.
The Justice Department last week appointed former FBI Director Robert Mueller as special counsel to oversee that investigation after Trump's abrupt dismissal of FBI Director James Comey. The appointment of Mueller came a day after revelations that Comey kept detailed memos of his contacts with Trump, including a February dinner in which the president allegedly pressed the then-FBI director to shut down the investigation into Flynn.
Trump has denied making such a demand. Fox News reported Tuesday that Trump has hired private attorney Marc Kasowitz to deal with matters related to the special counsel's investigation. Kasowitz did not return requests for comment.
Also on Tuesday, Director of National Intelligence Dan Coats declined to respond to another Senate panel's questions about whether Trump pressed and him and National Security Agency head Adm. Mike Rogers to publicly deny that there was evidence of collusion with Russia.
The questions came after Trump's unusual requests to Coats and Rogers were first disclosed by the Washington Post.
Warner said Tuesday that he will invite Coats to testify before the Senate Intelligence Committee about his contacts with Trump.