March 10, 2022
The Dhillon Law Group
Dhillon Law Group Partner David Warrington is leading the representation for Gen. Michael Flynn (Ret.) and issued the following statement in response to Flynn’s testimony today before the Jan 6th Committee:
“General Michael Flynn appeared before the January 6th Committee today in compliance with their subpoena and, on advice of counsel, exercised his 5th amendment right to decline to answer the Committee’s questions. This privilege protects all Americans, not just General Flynn. According to the Supreme Court, “no implication of guilt could be drawn from [one’s] invocation of his Fifth Amendment privilege…” because “one of the basic functions of the [Fifth Amendment] privilege is . . . to protect the innocent who otherwise might be ensnared by ambiguous circumstances.” Grunewald v. United States, 353 U.S. 391, 421 (1957) (citations and internal quotation marks omitted).
During the deposition, Committee staff insinuated that General Flynn’s decision to decline to answer their questions constituted an admission of guilt, consistent with the inaccurate similar statements of the Committee Chair about invocation of the 5th Amendment. The Committee’s view that the invocation of the 5th Amendment is an admission of guilt is in conflict with nearly 250 years of American jurisprudence and represent a disturbing denial of the meaning and existence of this vital Constitutional right.
The Committee has asserted in recent court filings that the activities it is investigating comprise a criminal conspiracy. Committee members have publicly urged the Department of Justice to prosecute the witnesses compelled to appear before the committee, and there are active, ongoing federal criminal investigations and prosecutions into the same matters before the Committee. This establishes without question that the 5th Amendment applies with full force and effect to the Committee’s questions posed to General Flynn.
Further, General Flynn’s invocation of his constitutional rights is presently before a federal court in the ongoing case General Flynn filed to protect himself from the Constitutional overreach of this Committee. The Committee’s insistence on proceeding with this deposition while this matter is still being litigated left General Flynn with no other choice.
The Committee’s decision to depose General Flynn while these issues are before a court was little more than political theater designed to set up a false narrative based on the Committee’s wrong view of the 5th Amendment. Most of the questions lacked any relation to the legislative purpose contained in House Resolution 503, and many were clearly sourced from fringe news and conspiracy websites and rumors. No American should have to endure such harassment by the legislative branch of our government.”
Source: Jan 6th Statement