NBC News reports: The Senate Intelligence Committee turned down the request by former National Security Adviser Michael Flynn’s lawyer for a grant of immunity in exchange for his testimony, two congressional sources told NBC News.
A senior congressional official with direct knowledge said Flynn’s lawyer was told it was “wildly preliminary” and that immunity was “not on the table” at the moment. A second source said the committee communicated that it is “not receptive” to Flynn’s request “at this time.” [Continue reading…]
Alex Whiting writes: The Wall Street Journal is reporting that former National Security Advisor Mike Flynn told the FBI and Congress that he is willing to testify in exchange for immunity. But it’s not a serious offer, and it suggests he has nothing to say (or is not willing to say anything that would incriminate others). Although Flynn’s lawyer, Robert Kelner of Covington & Burling, refused to comment for the article, he tweeted out a statement teasing that “General Flynn certainly has a story tell, and he very much wants to tell it, should the circumstances permit.”
As an experienced lawyer, Kelner will know that the Justice Department would never grant immunity for testimony on these terms. Prosecutors would first require that Flynn submit to what’s called a proffer session in which Flynn would agree to tell everything he knows in exchange for the prosecutors agreeing not to use his statement against him. Only after the prosecutors heard what Flynn could offer in terms of evidence against others, and had an opportunity to assess his credibility, would they be willing to discuss any grants of immunity or a cooperation deal. At a minimum, the prosecutors would require Flynn’s lawyer to make a proffer outlining the information that Flynn could provide.
The fact that Flynn and his lawyer have made his offer publicly suggests that he has nothing good to give the prosecutors (either because he cannot incriminate others or is unwilling to do so). If he had something good, Flynn and his lawyer would approach the prosecutors quietly, go through the proffer process in confidence, and reach a deal. Why? Because prosecutors have an interest in keeping their investigation secret, and Flynn’s lawyer knows that. The last thing Flynn’s lawyer would do if he thought he had the goods would be to go public, because that would potentially compromise the criminal inquiry and would certainly irritate the prosecutors, the very people Flynn’s lawyer would be trying to win over. [Continue reading…]