Former National Security Adviser Michael Flynn "is in serious trouble" as Congress seeks to subpoena records of his two businesses, Harvard Law School professor emeritus Alan Dershowitz said Tuesday.
"I wonder why his lawyer sought immunity in such a public way," Dershowitz told Anderson Cooper on CNN. "That's just not the way it's done."
In March, Flynn's attorney, Robert Kelner, told The Wall Street Journal that his client would voluntarily be interviewed by Congress or the FBI in exchange for immunity.
"General Flynn certainly has a story to tell, and he very much wants to tell it, should the circumstances permit," Kelner said.
He said that no "reasonable person" with legal counsel would answer questions without assurances that he would not be prosecuted, especially since some congressional members have said that Flynn should face criminal charges for his Russia dealings.
The leaders of the Senate Intelligence Committee said Tuesday that they would subpoena two Flynn's businesses after he refused to comply with a subpoena for documents in its investigation.
"If you want immunity, you go to the committee or you go to the prosecutor," Dershowitz told Cooper. "You make what's called a proffer.
"You tell them what you have and what you can give them.
"Then the government, the leaders of the committee, or the prosecutor decides whether your evidence is worth immunizing you," the retired professor said. "I don't know whether that's happened.
"It should never happen in public. It should be done in private."
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