Michael Flynn invokes Fifth Amendment: What does it mean …

Posted: May 26, 2017 at 3:46 am

President Donald Trump's former national security adviser Michael Flynn has invoked the Fifth Amendment right against self-incrimination - which is a fundamental principle included in the Bill of Rights.

Below is a look at how invoking the Fifth Amendment works, and what may happen with the investigation.

How do witnesses use the Fifth Amendment?

The amendment offers numerous legal protections for defendants, with the most famous one shieldinga witness from self-incrimination.

Witnesses have invoked it in order to avoid testifying against themselves, or to avoid being forced to produce documents that could be used against them.

Does invoking the Fifth Amendment mean someone is guilty?

No. Invoking it doesn't mean that a witness is guilty of any crime or even that the person has anything to hide.

However, it can reflect a witness's concern that any testimony given would be interpreted in an unfavorable way, or may be used as evidence in a prosecution.

Flynn and Trump have previously pointed to invoking the Fifth Amendment as a sign of guilt during the Hillary Clinton email investigation.

FLYNN INVOKES FIFTH AMENDMENT, REBUFFS SENATE PANEL SUBPOENA

What about Flynn's case?

Flynn is refusing to provide documents to a Senate committee investigating Russian meddling in the 2016 presidential election. A Senate intelligence committee subpoena is seeking a list of all contacts between Flynn and Russian officials during an 18-month period.

Flynn isn't admitting to wrongdoing but is looking to protect himself from "an escalating public frenzy" of "outrageous allegations," his lawyers said in a Monday letter to the committee.

What will happen to the investigation?

Flynn's decision to invoke the Fifth Amendment may hamper the committee's investigation. However, lawmakers could try to obtain some documents on their own or get information they want from another witness.

The committee also could file a claim in federal court to try to force Flynn to testify and produce documents - which could take months.

HUME: INVOKING THE 5TH AMENDMENT IS A SMART MOVE

What about offering Flynn immunity?

The committee could offer Flynn immunity in exchange for his testimony, but that could complicate any subsequent Justice Department criminal prosecution.

The FBI would be unable to use the immunized testimony, or evidence derived from it, to build a case, though a witness can still be prosecuted for false statements or for evidence of other crimes. The committee would have to alert the attorney general before making such an offer.

The Associated Press contributed to this report.

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