Many allies of former President Donald Trump have said that they won’t comply with subpoenas by the House Select Committee investigating the Jan. 6 attack on the U.S. Capitol. Gen. Michael Flynn is one of those in court fighting, but he did speak to the House committee.
NBC News reported he “appeared before the January 6 Committee today in compliance with their subpoena and, on advice of counsel, exercised his 5th Amendment right to decline to answer the Committee’s questions. This privilege protects all Americans, not just General Flynn.”
“During the deposition, Committee staff insinuated that General Flynn’s decision to decline to answer their questions constituted an admission of guilt, consistent with the inaccurate similar statements of the Committee Chair about invocation of the 5th Amendment,” the letter continued.
But it isn’t the Committee that could be Flynn’s biggest problem.
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“The mob takes the Fifth,” Trump said after an aide to Hillary Clinton did so. “If you’re innocent, why are you taking the Fifth Amendment?”
In 2014, Trump said, “If you are innocent, do not remain silent. You look guilty as hell!”
The comments from Trump aren’t accurate and every defendant does have the right against self-incrimination, despite what the former president says.
“Further, General Flynn’s invocation of his constitutional rights is presently before a federal court in the ongoing case General Flynn filed to protect himself from the Constitutional overreach of this Committee. The Committee’s insistence on proceeding with this deposition while this matter is still being litigated left General Flynn with no other choice,” the letter also said.
Flynn is suing to block the subpoena saying it would incriminate himself. While some questions about his behavior could do that, subpoenas can’t be blocked that way. An individual would simply comply with the subpoena and then answer questions that would incriminate him. There will likely be many questions of Flynn’s observations that wouldn’t implicate him in anything.
See the letter below: