California Democratic Rep. Adam Schiff said Tuesday if former national security adviser Michael Flynn refused further demands to comply with congressional investigations, he would “explore” holding Flynn in contempt.
Schiff, the ranking member on the House intelligence committee, said that Flynn had declined to come before the House panel or provide documents, citing his Fifth Amendment rights, as he had to subpoenas from the Senate intelligence committee.
On CNN’s “The Situation Room with Wolf Blitzer,” Schiff said the House committee would mirror its Senate counterpart by issuing more specific subpoenas that Flynn would have a harder time avoiding with the protection of the Fifth Amendment.
“We are going to be entertaining the same options in terms of our subpoenas, which I hope will go out shortly, to obtain these documents,” Schiff said. “There are court decisions that provide there may be a limited Fifth Amendment right in terms of document production, but it is only limited.”
Sen. Richard Burr, the GOP head of the Senate intelligence committee, joined his Democratic colleague, Sen. Mark Warner, earlier Tuesday to say they would issue tougher subpoenas to Flynn. Burr left open the possibility that they could hold Flynn in contempt if he would not comply with their demands.
Schiff said he shared this point of view and also left the door open to contempt.
“It was our preference initially to get these documents and testimony voluntarily,” Schiff said. “It’s now going to be necessary to subpoena it, and if the General refuses and does so without a good legal basis, then I think we do have to explore the use of contempt.”
He said the most immediate step for himself and his staff was to draw up new subpoenas, but added that they would be doing research about what to do should they “have to go the route of contempt.”
Schiff said that while he was skeptical, it was “premature” to write off the possibility of granting Flynn immunity entirely. Any immunity agreement, he said, would only take place after speaking with former FBI Director Robert Mueller, the special counsel leading the executive branch’s investigation into potential collusion between Russia and Trump’s associates.