What Happens if Michael Flynn is Held in Contempt of Congress?

Former National Security Adviser Michael Flynn's lawyer allegedly told the Senate Intelligence Committee that he will not honor a subpoena it issued for private documents, although he may still do so.

UPDATE 1:19 P.M.: This post was updated after Richard Burr said that Michael Flynn has not yet indicated how he will respond to the Senate Intelligence Committee's subpoena.

The report, which cited two people familiar with the case, said Flynn informed the transition team's chief lawyer about the probe on January 4, much earlier than previously reported.

Congressional aides told Reuters the committee was still negotiating in the hopes of obtaining the requested documents.

Weeks after that, news broke that Flynn had neglected to list three Russia-linked sources of income - including $45,000 in speaking fees from the Kremlin-backed RT news network - in his legally required White House ethics forms.

Burr told reporters Thursday about the response from Flynn's lawyer.

In April, the committee sent a series of requests to several former President Trump associates asking for records on any dealings with Russian Federation - a request Flynn's lawyers declined to cooperate with through counsel, sparking the subpoena.

On May 18, the chairman of the intelligence committee, Republican Sen.

Flynn, the former national security adviser, was sacked in February for misleading Vice President Mike Pence about the contents of a December phone call with Russian Ambassador Sergey Kislyak.

The relevant statute, 2 U.S.C. § 194, directs the President of the Senate (Vice President Mike Pence or, in his absence, president pro tempore Orrin Hatch) to certify the contempt statement of facts to the "to the appropriate United States attorney, whose duty it shall be to bring the matter before the grand jury for its action".

While Flynn "is not cooperating" so far, Burr said, he hasn't gotten a "definitive" answer from Flynn's lawyers.

The committee said it sent a letter requesting material from the FBI and Justice Department related to its ongoing counterintelligence investigation.

Flynn is separately being investigated by the Defense Department's inspector general. Flynn's attorneys had said in the past that he might not turn over requested documents. Even with this information, Trump named him national security adviser.

"The criminal contempt process takes forever - you vote [for] it and then it goes to the US attorney and he has to decide what to do with it", senior counsel Stanley Brand of the Akin Gump firm told Politico.

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