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Senate Subpoenas Records from Mike Flynn's Companies

The heads of the Senate Intelligence Committee said a corporation can't invoke the Fifth Amendment.
Image: Richard Burr and Mark Warner speak about Michael Flynn on Capitol Hill
Senate Intelligence Committee Chairman Richard Burr, left, and ranking member Senator Mark Warner speak about former White House national security adviser Michael Flynn following a Senate Select Committee on Intelligence briefing on Capitol Hill in Washington on May 23, 2017.Kevin Lamarque / Reuters

The heads of the Senate Intelligence Committee said Tuesday they plan to subpoena two of former National Security Adviser Mike Flynn’s companies to get documents he has declined to provide for their Russia probe since the businesses can’t invoke a Fifth Amendment protection against self-incrimination.

"While we disagree with Gen. Flynn’s lawyer’s interpretation of taking the Fifth," said Ranking Member Sen. Mark Warner, D.-Virginia, "it’s even more clear that a business does not have the right to take the Fifth if it’s a corporation."

Warner said one subpoena had been served and other was in the process of being served. According to Warner, the two businesses served were Flynn Intel LLC and Flynn Intel Inc.

Related: Flynn To Invoke Fifth Amendment Rights in Response to Senate Probe

Warner and Sen. Richard Burr, R.-N.C., the committee chairman, also sent a letter to Flynn’s lawyer asking for the legal basis for Flynn’s refusal to provide documents.

The committee subpoenaed Flynn for documents related to any contacts with Russian officials during the 2016 presidential campaign, but Flynn cited the Fifth Amendment in refusing to hand them over.

Warner said Tuesday that the committee was keeping "all options on the table."