Trump ultimately didn’t pursue that option amid concerns raised by White House advisers and other close allies. But drafts of executive orders to accomplish that task have been obtained by the select committee in recent weeks. It’s unclear whether Trump ever saw or considered the specific orders the panel has received.
Flynn sued the select committee in December to prevent the panel from enforcing a subpoena for his documents and testimony. But Flynn’s attorneys said the panel insisted on his appearance on Thursday anyway, and they appeared in order to explicitly invoke Flynn’s Fifth Amendment right against self-incrimination.
Flynn justified his decision to plead the Fifth because of the ongoing criminal investigation by the Justice Department into events related to the Jan. 6 attack on the Capitol. He also noted in his court filings that the Justice Department had subpoenaed “a political nonprofit with which General Flynn was briefly affiliated as a member of the Board.” That nonprofit was founded by Powell, who was Flynn’s criminal defense attorney in 2020.
Flynn has also noted that the select committee recently alleged Trump might have participated in a criminal conspiracy to obstruct Congress on Jan. 6, 2021, as well as committed other crimes related to his effort to overturn the election.
“The Committee’s insistence on proceeding with this deposition while this matter is still being litigated left General Flynn with no other choice,” Warrington said.