US Senate panel still negotiating with Flynn over documents: congressional aides

Sen. Richard Burr (R., N.C.), chairman of the Senate Intelligence Committee, said Thursday that former National Security Adviser Michael Flynn has not yet told the committee how he will respond to its subpoena for documents related to Flynn's interactions with Russian Federation.

On Wednesday night, Deputy Attorney General Rod Rosenstein announced he had appointed former FBI director Robert Mueller to be the special counsel in charge of the FBI's ongoing investigation into Russian election meddling and any ties between Russia and the Trump campaign.

Asked about his opinion of the president now, Flynn reiterated his loyalty to Trump.

Sen. Richard Burr (R-N.C.) spoke with reporters about the denial to hand over the documents on Thursday, according to the Associated Press.

Burr said Thursday that the committee is continuing to interview others as part of its probe including people affiliated with the campaign. Following the election, Flynn had reportedly discussed with Kislyak the potential of establishing a back channel communication between Trump and Russian President Vladimir Putin that would circumvent the USA national security community, Reuters reports.

"General Flynn's attorneys have not yet indicated their intentions regarding the Senate Intelligence Committee's subpoena", the Republican chairman of the panel said in a statement.

ABC News reached out to Flynn's legal team for comment. Flynn was sacked from his position as Trump's national security adviser in February. Emails, text messages, letters, phone records and information about financial and real estate holdings associated with Russian Federation were among the information requested by the committee.

Congress could seek civil enforcement of the subpoena, a step the House tried to take against former Attorney General Eric Holder after he was held in contempt of Congress in relation to the "Fast and Furious" operation scandal. The U.S. has rebuffed those calls.

If Flynn declines to comply with the subpoena, the intelligence committee could have little legal recourse.

Just as the Supreme Court has long recognized congressional subpoena power, so too has it upheld the enforcement power of contempt. Typically, certifications against sitting executive branch officials have been made to the U.S. Attorney for the District of Columbia.

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