HOUSE_OVERSIGHT_031675

HOUSE OVERSIGHT 031675 COVINGTON The Honorable Richard Burr The Honorable Mark R. Warner May 22, 2017 Page 6 Instead, as in Hubbell, the Committee's broad demands makes it "apparent from the text of the subpoena itself' that the Committee needs General Flynn's "assistance both to identify potential sources of information and to produce those sources." Hubbell, 530 U.S. at 41. As a consequence, the subpoena seeks to compel General Flynn to offer testimony through the act of producing documents that may or may not exist. In these circumstances, General Flynn is entitled to, and does, invoke his Fifth Amendment privilege against production of documents. Respectfully submitted, Robert K. Kelner Stephen P. Anthony Brian D. Smith