Legal argument asserting General Flynn's Fifth Amendment right to decline the production of documents in response to a Congressional subpoena due to the testimonial nature of the act of production and the appointment of a special counsel.
This document is page 2 of a legal letter from the law firm Covington to Senators Richard Burr and Mark Warner regarding General Michael Flynn. It argues that General Flynn is exercising his Fifth Amendment privilege to decline a Congressional subpoena for documents, citing that the act of production is testimonial in nature and could be used against him in ongoing investigations, including one by a newly appointed special counsel. The document cites legal precedents including *Watkins v. United States* and *United States v. Hubbell* to support the refusal.
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