WASHINGTON: President Donald Trump’s former national security adviser, Michael Flynn, invoked his Fifth Amendment right against self-incrimination in rebuffing a subpoena Monday in the investigation into Russia’s election meddling. Then a top House Democrat cited new evidence he said appeared to show Flynn lied on a security clearance background check.
With Trump himself in the Middle East on his first foreign trip as president, investigations into Russian interference in the 2016 campaign — and allegations of Trump campaign collaboration — showed no sign of slackening in Washington.
Flynn’s own defensive crouch revealed the high legal stakes he faces as investigations intensify: a U.S. counterintelligence probe of Russia, a federal investigation in Virginia and multiple congressional inquiries.
As well, the Washington Post reported Monday that Trump asked two top intelligence chiefs in March to deny publicly that there had been collusion between the Russians and the Trump campaign.
Citing current and former officials, the Post said the national intelligence director, Daniel Coats, and the director of the National Security Agency, Adm. Michael Rogers, both refused Trump’s request, judging it inappropriate. Coats could face questions on the report Tuesday when he is scheduled to testify before the Senate Armed Services Committee.
Flynn’s attorneys told the Senate Intelligence Committee on Monday that he will not turn over personal documents sought under the congressional subpoena, citing an “escalating public frenzy” against him. They also said the Justice Department’s appointment of a special counsel has created a legally dangerous environment for him to cooperate with the Senate panel’s investigation.
Hours later, Rep. Elijah Cummings, senior Democrat on the House oversight committee, said government documents he’s reviewed showed inconsistencies in Flynn’s disclosures to U.S. investigators in early 2016 during his security clearance review.
Key facts not disclosed
Cummings said Flynn appeared to have misled authorities about the source of a $33,000 payment from Russia’s state-sponsored TV network, failed to identify foreign officials with whom he met — including Russia’s President Vladimir Putin — and glossed over his firing as chief of the Defense Intelligence Agency during the Obama administration. Cummings made his points in a letter asking the committee’s chairman, Jason Chaffetz of Utah, to subpoena the White House for documents related to Flynn.
It’s unclear from Cummings’ letter whether Flynn would face legal jeopardy for his answers to security clearance investigators. But in an April statement Cummings warned that falsifying or concealing material facts on security clearance reviews are federal crimes, and convictions could lead to fines and up to five years of imprisonment.
Flynn’s attorney, Robert Kelner, declined to comment on Cummings’ assertions.
Trump appointed Flynn, a retired Army lieutenant general and top military intelligence chief, as his top national security aide in January, only to fire him less than a month later.
The White House has said Flynn misled top U.S. officials, including Vice President Mike Pence, about his contacts with Russian officials, including Russia’s ambassador to the U.S.
Cummings and other Democrats have blasted Trump and his team for failing to more carefully check Flynn’s background before they brought him to the White House, while the administration has tried to blame the Obama administration for failing to properly vet Flynn earlier. Cummings said Monday that Flynn provided inconsistent or misleading statements to U.S. security clearance investigators in 2016 during the renewal of his credentials, citing a March 2016 government report and detailed email and payment records.
Meanwhile, the Senate committee’s subpoena to Flynn focused on his interactions with Russian officials.