Calling all TPM attorneys:
How the fuck does one âdeclineâ a subpoena?
I didnât think that you could decline a subpoena. You have to show up and go on the record saying, âOn the advice of my attorney, I invoke my 5th Amendment rights to protect against self-incrimination.â
But why would Flynn have to follow US law.
âDeclineâ? What is this âdeclineâ shit? The word is DISOBEY. A subpoena is a direct command with the weight of the courts/congress and the law behind it. You donât âdeclineâ one. You either move to quash it or for a protective order and win or you obey it. To assert his 5th Amendment privilege, Flynn must at the very least put it in writing in a letter to Congress and seek a protective order.
âDecline a subpoenaâ - thatâs such a pleasant euphemism. âI am disinclined to acquiesce to your requestâŚmeans no.â
IANAL, and I didnât stay at a Holiday Inn Express last night, but it was my understanding that the Fifth Amendment does not apply to documents. Did I misunderstand what the lawyers told me in the past?
Like any other court subpoena, doesnât he have to show up, be seated, etc., and personally invoke the Fifth?
Does that mean heâll be jailed for contempt? Can Trump pardon him if he is?
I hate Flynnâs face. Both of them.
I believe the word heâs looking for is âviolate.â
The Trumpire havenât even counted how many lobbyists They have working for Them, much less written any waivers. How do you expect Them to pardon Flynn?
If They did, it would compel Flynn to turn over documents and testify ⌠not a good thing.
Twitter is merciless today. Lots of former comments from Trump administration hacks about pleading the Fifth. For example:
One can decline to testify orally but one must appear and invoke their 5th Amendment privilege to do that and only for criminal matters. If the committee is seeking documents and other tangible things Flynn would have to have the subpoena quashed by a court in order to not have to produce them.
Oh, MikeyâŚ
Next up - what will Burrâs reaction be? If he wants to he could order Flynn held in contempt. If he doesnât he is virtually complicit with Trump and the rest of the traitors.
Not how it works, Mr. Flynn.
Show up and take the 5th in person like everyone else has to.
There are clear procedures for contempt of Congress regarding both failure to appear and refusal to surrender documents.
What happens next will indicate how committed the Senate Intel Committee is in revealing the truth. Also, watch to see if the FBI openly or quietly moves to get Senate Committee to go slow. If so, it could mean the FBI is hot on Flynnâs tail.
Flynn is in way too deep and needs a deal to avoid prison. This is the first move in a long chess game.
Stay tuned . . . .
Iâm all in favor of Trump pardoning Flynn right away. Flynn isnât the big fish, and if heâs pardoned, he has to blab everything.
Itâs basically legal speak for, âGo out and get a search warrantââŚ
I believe there were members of the Bush Administration who ignored congressional subpoenas and ultimately nothing happened.
But my memory is very vague.