Flynn will not honor Senate subpoena (AP Twitter)

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Jhhnn

IN MEMORIAM
Nov 11, 1999
62,365
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If forced to appear, Flynn would rightfully assert his fifth amendment rights. Doing so through his lawyers just denies the circus.
 

woolfe9998

Lifer
Apr 8, 2013
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Pence has again denied any knowledge of this even though he headed the transition. So either he's lying or incompetent.

Yes, it's 100% certain that Pence lied in March when he said it was the first he heard of Flynn's lobbying. Pence received a letter from rep. Cumming in November warning him of Flynn's lobbying. Maddow and others slammed Pence for this lie back in March.

But this business about Trump putting the kibosh on arming the Syrian Kurds in January is new. This is the first we've heard of Flynn's lobbying directly affecting US foreign policy. Flynn wasn't merely lobbying the American public by writing a pro-Turkey op-ed back in October. He was actively lobbying Trump to alter his policies in their favor. And Trump took his advice knowing that Flynn was being paid to give it. This is going to be a largely overlooked bombshell.

Every day this administration tests the limit of how much disgust and outrage I can experience before becoming totally numb.
 

Pens1566

Lifer
Oct 11, 2005
13,918
11,614
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Trump has no mandate to interfere with congressional investigations. Congress has a means to address this should they so decide.

No, but he can pardon. Doesn't matter where the charges originate from.
 

K1052

Elite Member
Aug 21, 2003
53,297
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No, but he can pardon. Doesn't matter where the charges originate from.

He can't pardon himself from impeachment.

Edit: for clarity...Trump was within his rights to fire Comey if he wanted to, only after did it appear (by his own admission) that he intended to obstruct the FBI investigation. Pardoning Flynn would be directly interfering with Congress in the course of it's active investigation which would be a pretty naked usurpation of the power of the Legislative branch.
 

Pens1566

Lifer
Oct 11, 2005
13,918
11,614
136
He can't pardon himself from impeachment.

But we're talking Flynn.

And the impeachment loophole is really nothing. Yes, if impeached, he'll be removed and can't override that judgement with a pardon. He can be pardoned if criminal charges come as well.
 

K1052

Elite Member
Aug 21, 2003
53,297
47,669
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Burr reportedly has clarified his earlier statement and says that they are still awaiting Flynn's lawyers to respond and encourages them to cooperate. Kinda sounds like "last chance before we declare you in contempt and force our hand".

Edit: Yea, now with story from The Hill

Burr initially said Flynn was not complying with a subpoena issued by the committee before quickly walking back his remarks to reporters.

While Flynn "is not cooperating" so far, Burr said, he hasn't gotten a "definitive" answer from Flynn's lawyers.

"I may have been premature," Burr said. "There may be a day or two left."

Flynn's lawyers did not immediately respond to a request for comment or confirmation.

http://thehill.com/policy/national-...or-flynn-wont-comply-with-committees-subpoena
 

agent00f

Lifer
Jun 9, 2016
12,203
1,243
86
This is the increasingly inescapable conclusion that I've come to. If you're not family then Trump's loyalty to you is entirely governed by your utility to him. Flynn is no longer useful, thus he must have something on him.

Flynn can likely implicate Trump with his russian contacts, and Trump knows he will talk if a pardon isn't forthcoming. Realpolitik.
 

woolfe9998

Lifer
Apr 8, 2013
16,242
14,244
136
He can't pardon himself from impeachment.

Edit: for clarity...Trump was within his rights to fire Comey if he wanted to, only after did it appear (by his own admission) that he intended to obstruct the FBI investigation. Pardoning Flynn would be directly interfering with Congress in the course of it's active investigation which would be a pretty naked usurpation of the power of the Legislative branch.

Yet Trump's act of pardoning Flynn would almost certainly be legal. It would be even more outrageous than firing Comey, but ironically his firing of Comey is more dangerous from a legal standpoint. Trump's power to pardon is explicitly laid out in the Constitution, without condition as to motive. There is only the exception for impeachment which doesn't apply to Flynn. No federal obstruction statute would ever be construed as limiting a POTUS's enumerated powers in the Constitution. The Constitution is supreme over any federal statute. Trump could do this and even admit on television that he did it to impede the investigation, and still not face any legal jeopardy.
 

zinfamous

No Lifer
Jul 12, 2006
111,929
31,457
146
I will say one thing: reading about the most "scandalous presidencies ever!" (Grant, Harding) in AP history classes was always kinda dull and boring. Learning about how very little of anything was accomplished with those admins, because the totally of their terms were consumed by legit scandals precipitated by the awful people they brought into their cabinets.

Now we get to live through one of those. Interesting times!
 
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interchange

Diamond Member
Oct 10, 1999
8,031
2,886
136
What are the legalities of contesting a Congressional subpoena? In court, a subpoena can be issued that is not legal and contested (different than a court order).
 

woolfe9998

Lifer
Apr 8, 2013
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14,244
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What are the legalities of contesting a Congressional subpoena? In court, a subpoena can be issued that is not legal and contested (different than a court order).

The remedy is that either the committee who issued the subpoena, or the full chamber, issues a citation for contempt of Congress. This is then forwarded to the AG for prosecution. In this case, I presume that Rod Rosenstein would have the ultimate discretion on whether to prosecute.
 

Hayabusa Rider

Admin Emeritus & Elite Member
Jan 26, 2000
50,879
4,268
126
What are the legalities of contesting a Congressional subpoena? In court, a subpoena can be issued that is not legal and contested (different than a court order).

This may be helpful

https://www.law360.com/articles/526898/challenging-congressional-subpoenas-procedural-options

There are a few challenges which might be tried but the odds are stacked against a favorable ruling. The subpoena is being issued by the proper parties for the purpose of investigation related to Flynn. He can't win an appeal in any possible world.
 

woolfe9998

Lifer
Apr 8, 2013
16,242
14,244
136
What are the legalities of contesting a Congressional subpoena? In court, a subpoena can be issued that is not legal and contested (different than a court order).

Sorry, I misunderstood your question as asking what are Congresses remedies against Flynn. I think HR answered your question above.
 

1sikbITCH

Diamond Member
Jan 3, 2001
4,194
574
126
Russia: Here Mikey, here's some cash! Fetch!
Flynn: <haa haa haa haa> I'm a good boy!

Turkey: More cash, Mikey! Go get it, get it!
Flynn: <haa haa ha haa> I love my master!

And then...

Russia: Make sure Mikey doesn't snitch!
Trump: Yes master! Hang strong Mikey!

Why else would he stick his neck out?
 

Hayabusa Rider

Admin Emeritus & Elite Member
Jan 26, 2000
50,879
4,268
126
I haven't read everything here, but the title isn't quite right. The Senate panel did say that Flynn refused, but walked that back and now it's that Flynn's attorneys haven't responded. Flynn probably has a couple of days to respond.
 

Jhhnn

IN MEMORIAM
Nov 11, 1999
62,365
14,686
136
I haven't read everything here, but the title isn't quite right. The Senate panel did say that Flynn refused, but walked that back and now it's that Flynn's attorneys haven't responded. Flynn probably has a couple of days to respond.

Burr reportedly has clarified his earlier statement and says that they are still awaiting Flynn's lawyers to respond and encourages them to cooperate. Kinda sounds like "last chance before we declare you in contempt and force our hand".

Edit: Yea, now with story from The Hill



http://thehill.com/policy/national-...or-flynn-wont-comply-with-committees-subpoena

So it's a misdirection play from Burr? Imagine that.

It's obvious that Flynn really doesn't want to assert his fifth amendment rights before a Senate committee, which is likely what he'll do if forced to appear.

It'll be a great grandstanding waste of time for committee members, however.
 

K1052

Elite Member
Aug 21, 2003
53,297
47,669
136
I haven't read everything here, but the title isn't quite right. The Senate panel did say that Flynn refused, but walked that back and now it's that Flynn's attorneys haven't responded. Flynn probably has a couple of days to respond.

It's in a subsequent post. He walked it back to them not being "cooperative" and said they have a day or two.
 

Zorba

Lifer
Oct 22, 1999
15,613
11,256
136
I wonder if this means that Flynn is expecting to be pardoned by Trump. Trump can pardon him for contempt and for everything else. At this point, I wouldn't put it past Trump to do this. I honestly can't think of another reason Flynn would think he could get away with this.

After the pardon, couldn't they just subpoena him again? It would become a new contempt charge, and the process would repeat.
 
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