House Intel panel likely to also subpoena Flynn businesses, Dem says

The top Democrat on the House Intelligence Committee said Tuesday the panel may join its Senate counterpart in subpoenaing two businesses associated with former national security adviser Michael Flynn for documents related to its ongoing Russia probe.

Flynn declined to cooperate with both the House and Senate intelligence committees’ subpoenas, leading the Senate panel to issue subpoenas of Flynn's businesses, lawmakers announced earlier Tuesday.

Rep. Adam SchiffAdam Bennett SchiffHillicon Valley: Dems cancel surveillance vote after pushback to amendments | Facebook to ban certain coronavirus ads | Lawmakers grill online ticketing execs | Hacker accessed facial recognition company's database Hillicon Valley: Democrats cancel surveillance vote over pushback to amendments | Lawmakers grill Ticketmaster, StubHub execs over online ticketing | Democrats cancel surveillance vote over pushback to amendments MORE (D-Calif.) said the House panel is considering similar measures.

“We have also been turned down in our request by Mr. Flynn to come and testify and provide documents,” Schiff said on CNN’s “The Situation Room,” referring to the Senate Intelligence Committee’s response.


“So we are going to be entertaining the same options in terms of our subpoenas, which I hope will go out shortly to obtain these documents.”

Schiff said he doesn’t believe the Fifth Amendment, which protects an individual against self-incrimination, extends to an individual's businesses.

“There are court decisions, that provide there may be a limited Fifth Amendment right in terms of document production but it is only limited. I don’t think it extends to businesses,” the California lawmaker said.

Schiff added that if Flynn as the person in question is in possession of the documents, they still may not be protected.

“And with respect to the person Michael Flynn, if these are documents that are — that the person, the target, is known to possess, then their testimonial character is a lot less — and even those documents may not be covered by an invocation of the Fifth Amendment so we need to pursue these documents aggressively,” he continued.

The retired general left his top White House post in February after misleading Vice President Pence about his conversations with Russia's ambassador to the U.S. regarding sanctions targeting Moscow.

Flynn invoked his Fifth Amendment right in declining to comply with a Senate Intelligence Committee subpoena, citing an “escalating public frenzy” surrounding Russia investigation request.

The New York Times broke the news last week that Trump reportedly asked then-FBI Director James Comey to let “go” of his investigation into Flynn. The president has publicly called the Russia probe a “witch hunt.”