As an attorney, I have to be honest, I get where Michael Flynn is coming from. When you get advice from your counsel, generally you should follow it. You don’t perform your own heart surgery, right? You leave certain things to the experts. So the fact that he requested immunity from prosecution in exchange for testimony before the Senate Committee investigating Russian interference with the presidential election, doesn’t surprise me.
What does surprise me is how coy he (through his counsel) is being about it. The current explanation for requesting immunity is that “he’d be crazy not to” in this political climate, given that he’d be subject to a “witch hunt”. However, when you couple that logic with attorney Robert Kelner’s statement that, “General Flynn certainly has a story to tell, and he very much wants to tell it.”, it becomes clear that Flynn is playing a dangerous game of “I’ve Got A Secret”. Both Flynn and Kelner have been around long enough to understand the import of those words. Flynn, who clearly was expecting to be called to testify, could have prepared to simply go the “Iran Contra” route and invoke his 5th Amendment Right against self incriminatination in response to questions posed by the Senate. Instead, he has intimated that he has information that could be so damning to himself and his former superiors that he requires immunity to do so. Rightly then, the Senate has rejected his request, fearing that if he turns out to be the “Little Security Advisor Who Cried Wolf” that they will be left with egg on their faces. Now, without a deal and facing the prospect of being called to testify, Flynn is left not only with the weight of the words regarding his “story to tell”, but these words as well:
As a wise Judge once told me at the beginning of my career, “Sometimes it’s just better to shut up”. Sage advice indeed.