Tags: michael flynn | justified | pleading fifth | assumption | guilt

National Review: Flynn Justified in Pleading Fifth, Not an Assumption of Guilt

Image: National Review: Flynn Justified in Pleading Fifth, Not an Assumption of Guilt
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By    |   Monday, 22 May 2017 03:49 PM

There is only one conclusion to be drawn from reports former national security adviser Michael Flynn will invoke his Fifth Amendment right against self-incrimination before the Senate Intelligence Committee — he has competent lawyers whose advice he is taking, according to National Review.

On Monday, The Associated Press and Fox News reported Flynn, a retired Army lieutenant general and former adviser to President Donald Trump, would invoke his Fifth Amendment right against self-incrimination in an investigation by the Senate Intelligence Committee.

Flynn was fired in February for statements he made to Russian diplomats prior to Trump taking office. In March, Flynn asked for immunity in exchange for his testimony in the Senate probe investigating possible collusion between Trump and Russian officials. The Senate denied the request for immunity, calling it "wildly preliminary."

While it may be "tempting" to assume only someone with something to hide would use their Fifth Amendment right, the National Review said it would be "unfair to Flynn" to do so. The article explained declining to testify in federal investigations was often the smartest option whether a person was guilty or innocent.

"Federal investigations are extremely perilous even for those targets innocent of the crimes being investigated. In fact, it's common for investigators to indict or convict the targets of their investigations for misconduct during the investigation, rather than for the alleged crimes that sparked their inquiries to begin with," the article explained.

Without immunity, prosecutors could ask questions in an attempt to trap a witness. Witnesses can also get nervous and make mistakes while giving their testimony. But, the article maintained giving cooperation without conditions was "extraordinarily dangerous."

By taking the Fifth, Flynn was conveying an "admirable display of resolve," according to the magazine, and cautioned, "He shouldn't trust investigators, and he shouldn't give them anything."

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There is only one conclusion to be drawn from reports former national security adviser Michael Flynn will invoke his Fifth Amendment right against self-incrimination before the Senate Intelligence Committee — he has competent lawyers whose advice he is taking, according to National Review.
michael flynn, justified, pleading fifth, assumption, guilt
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2017-49-22
Monday, 22 May 2017 03:49 PM
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