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Senate chairman: Flynn has not responded to subpoena

19 May 2017

Sen. Richard Burr, walking back an earlier statement, said Thursday that former National Security Advisor Michael Flynn's lawyers had yet to indicate how they'd respond to a subpoena related to the Senate Intelligence Committee's Russian Federation investigation.

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Flynn's lawyer, Robert Kelner, had already told the panel he would not voluntarily provide the documents responsive to an earlier April 28 request.

The committee is one of several on Capitol Hill investigating possible collusion between Russian Federation and President Donald Trump's 2016 campaign. "We'll figure out on General Flynn what the next step, if any, is".

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Then-National Security Adviser Michael Flynn speaks during the daily news briefing at the White House in Washington, Feb. 1, 2017.

"This was a problem because not only did we believe that the Russians knew this, but that they likely had proof of this information", Yates stated during testimony before the Senate Judiciary Committee on May 8. Flynn resigned as President Donald Trump's national security adviser on February 13, 2017.

Flynn Intel was paid only $530,000 for the work, which ended in November after Trump's election victory. Burr later walked back his position, saying Flynn still had "a day or two" to comply.

What would happen if Flynn really were to ignore the committee's subpoena? The U.S. has rebuffed those calls. When Flynn declined to do so, the panel issued a subpoena on May 10, according to the AP.

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The Intelligence Committee is seeking to interview Flynn as part of its probe of Russian election interference.

For example, Republicans never heard testimony from Hillary Clinton's former technology aide about her private email server despite a subpoena and committee vote to hold him in contempt. That process could take years due to procedure, Politico reports. If the certification were issued to the U.S. Attorney for D.C. or EDVA (or any other district, for that matter), the relevant offices would report to Rosenstein, and not Attorney General Sessions who is [recused], in deciding whether or not to refuse to bring the matter to the grand jury.

Just as the Supreme Court has long recognized congressional subpoena power, so too has it upheld the enforcement power of contempt.

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