Ex-National Security Adviser Michael Flynn Will Invoke the Fifth

Michael Flynn CBS News

Former National Security Adviser Michael Flynn will invoke his Fifth Amendment protection against self-incrimination on Monday, in a decision not to comply with a subpoena seeking documents, according to a report.

The decision, reported by the Associated Press, comes in response to a subpoena by the Senate Intelligence committee less than two weeks ago, as part of its investigation into Russian interference in the 2016 elections.

Legal experts have said Flynn was unlikely to turn over the personal documents without immunity because he would be waiving some of his constitutional protections by doing so, according to the AP.

Flynn previously sought immunity from “unfair prosecution” to cooperate with the committee.

His attorneys said in a letter sent to the committee that a daily “escalating frenzy against him,” and the appointment of a special prosecutor for the Justice Department’s investigation have created a legally dangerous environment for him.