COVINGTON
The Honorable Richard Burr The Honorable Mark R. Warner May 22, 2017
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Instead, as in Hubbell, the Committee’s broad demands makes it “apparent from the text of the subpoena itself” that the Committee needs General Flynn’s “assistance both to identify potential sources of information and to produce those sources.” Hubbell, 530 U.S. at 41. Asa consequence, the subpoena seeks to compel General Flynn to offer testimony through the act of producing documents that may or may not exist. In these circumstances, General Flynn is entitled to, and does, invoke his Fifth Amendment privilege against production of documents.
Respectfully 7 Robert K. Kelner
Stephen P. Anthony Brian D. Smith
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