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Tag Archive: FBI

Can Flynn Assert a Fifth Amendment Privilege to Withhold Documents?


The news that retired Lt. Gen. Michael Flynn, Trump’s former national security advisor and campaign aide, has refused to comply with a Senate Intelligence Committee subpoena for documents raises the question of when witnesses may lawfully resist subpoenas for testimony or documents based on Fifth Amendment grounds, which is the basis cited by Flynn’s lawyer.…   continue »

The Drip, Drip of Obstruction News


The news yesterday that Donald Trump asked the Director of National Intelligence, Daniel Coats, and the director of the National Security Agency, Adm. Michael Rogers, to publicly deny the existence of any evidence of collusion between the Russians and the Trump campaign to influence the presidential election may, or may not, contribute to the overall emerging picture of obstruction of justice by the president.…   continue »

A Prosecutor’s View: The Evidence of Trump’s Obstruction is Now Compelling


There has been considerable discussion over the last week about whether President Donald Trump committed the crime of obstruction of justice when he fired James Comey as director of the FBI. Caution has been important in this debate because obstruction of justice is a difficult crime to prove, the beyond a reasonable doubt standard for criminal prosecution is an onerous one, and not all the facts are known.…   continue »

Norms Watch: Tracking the Erosion of Democratic Traditions (May 5-12)

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On Tuesday, in what was arguably his “most significant action” as president, Trump fired FBI director James Comey. Since FBI directors almost always serve 10-year terms, the abrupt termination raised concerns that it was motivated by Trump’s desire to obstruct the investigation into whether his campaign colluded with Russia to interfere with the 2016 election.  continue »