--- title: Michael Flynn Pleads the Fifth: What Does that Mean? description: Former National Security Advisor Michael Flynn will reportedly invoke the Fifth Amendment in Senate investigation into his ties to Russia canonical: https://time.com/4789037/michael-flynn-plead-fifth/ author: Maya Rhodan article:opinion: false article:content_tier: free article:published_time: 2017-05-22T19:53:42.000Z article:modified_time: 2026-02-23T05:03:39.122Z article:section: Politics og:title: What Does it Mean to 'Plead the Fifth'? og:description: President Trump's former national security advisor may do so. og:url: https://time.com/4789037/michael-flynn-plead-fifth/ og:site_name: TIME og:image: https://static.time.com/v3/assets/bltea6093859af6183b/bltac3a47312cc9fdf8/6988cddf0b72e3f0636edd97/michael-flynn1.jpg?branch=production&width=3840&quality=75&auto=webp&crop=16:9 og:image:width: 1200 og:image:height: 675 og:image:alt: 170518_Michael Flynn og:type: article twitter:card: summary_large_image twitter:title: What Does it Mean to 'Plead the Fifth'? twitter:description: President Trump's former national security advisor may do so. twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/bltac3a47312cc9fdf8/6988cddf0b72e3f0636edd97/michael-flynn1.jpg?branch=production&width=3840&quality=75&auto=webp&crop=16:9 ---  # What Does it Mean to 'Plead the Fifth'? by [Maya Rhodan](https://time.com/author/maya-rhodan/) ## Maya Rhodan May 22, 2017 7:53 PM UTC  WASHINGTON, DC - FEBRUARY 1: National Security Adviser Michael Flynn speaks in the James S. Brady Press Briefing Room during the daily news briefing at the White House in Washington, DC on Wednesday, Feb. 01, 2017. WASHINGTON, DC - FEBRUARY 1: National Security Adviser Michael Flynn speaks in the James S. Brady Press Briefing Room during the daily news briefing at the White House in Washington, DC on Wednesday, Feb. 01, 2017.Jabin Botsford — The Washington Post/Getty Images by [Maya Rhodan](https://time.com/author/maya-rhodan/) ## Maya Rhodan May 22, 2017 7:53 PM UTC Former National Security Advisor Michael Flynn will reportedly [invoke the Fifth Amendment](http://time.com/4788843/michael-flynn-attorneys-subpoena-refusal-senate-committee/?xid=homepage) and refuse to cooperate with the Senate Intelligence Committee’s request for him to hand over documents related to his interactions with Russian officials. According to the [Associated Press](http://time.com/4788843/michael-flynn-attorneys-subpoena-refusal-senate-committee/?xid=homepage), Flynn’s attorneys said the “escalating public frenzy” surrounding Flynn contributed in part to his decision to invoke his right to not self-incriminate. But what exactly does it mean to “plead the Fifth?” For starters, the [Fifth Amendment](http://content.time.com/time/specials/packages/article/0,28804,2080345%5F2080344%5F2080379,00.html) to the U.S. Constitution reads: --- > “” --- The Fifth Amendment [provides several protections for Americans](https://www.law.cornell.edu/wex/fifth%5Famendment) as they encounter the justice system. Under this particular provision in the Bill of Rights, Americans are protected from “double jeopardy,” or prosecution for the same crime twice, granted the right to a grand jury in criminal proceedings. The amendment also protects against “self incrimination,” affirming a citizen’s right not to serve as a witness against himself or herself. Flynn’s lawyers are invoking that protection in his decision not to hand over documents to the Senate panel. “The context in which the committee has called for General Flynn’s testimonial production of documents makes clear that he has more than a reasonable apprehension that any testimony he provides could be used against him,” Flynn’s attorneys wrote in a letter to the Senate. During the 2016 presidential campaign, Flynn, then-candidate Donald Trump and other Trump officials blasted aides of former Secretary of State for invoking the Fifth Amendment during a deposition last June. Clinton’s aide Bryan Pagliano was deposed for a civil case related to her use of a private email server. “IT specialist takes 5th over 100 times,” Flynn wrote in a tweet that mentioned Clinton and linked to an article about her former aide’s actions. > [](https://twitter.com/GenFlynn/status/745944681331122180) White House Press Secretary Sean Spicer similarly tweeted that Clinton’s aide invoked the Fifth to “cover up her server scandal.” > [](https://twitter.com/seanspicer/status/745725512601976832) Trump also weighed in, saying mobsters invoke the 5th. “The mob takes the Fifth Amendment,” said Trump in September.”If you’re innocent, why are you taking the Fifth Amendment?” The [Huffington Post](http://www.huffingtonpost.com/entry/donald-trump-pleading-the-fifth%5Fus%5F57ed79dee4b024a52d2de46d) reported Trump himself pleaded the fifth 97 times over the course the proceedings for his divorce from Ivana Trump. ```json [{"@context":"https://schema.org","@type":"NewsArticle","@id":"https://time.com/4789037/michael-flynn-plead-fifth/","mainEntityOfPage":{"@type":"WebPage","@id":"https://time.com/4789037/michael-flynn-plead-fifth/"},"headline":"What Does it Mean to 'Plead the Fifth'?","datePublished":"2017-05-22T19:53:42.000Z","dateModified":"2026-02-23T05:03:39.122Z","description":"What exactly does it mean to \"plead the Fifth?\"","url":"https://time.com/4789037/michael-flynn-plead-fifth/","keywords":["Constitution","White House","Donald Trump","Michael Flynn"],"thumbnailUrl":"https://static.time.com/v3/assets/bltea6093859af6183b/bltac3a47312cc9fdf8/6988cddf0b72e3f0636edd97/michael-flynn1.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","author":[{"@type":"Person","name":"Maya Rhodan","jobTitle":null,"url":"https://time.com/author/maya-rhodan/"}],"articleSection":"Politics","image":[{"@type":"ImageObject","url":"https://static.time.com/v3/assets/bltea6093859af6183b/bltac3a47312cc9fdf8/6988cddf0b72e3f0636edd97/michael-flynn1.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","width":1200,"height":675,"headline":"170518_Michael Flynn","caption":"President Donald Trump","creditText":"Jabin Botsford — The Washington Post/Getty Images","representativeOfPage":true}],"publisher":{"@type":"Organization","name":"Time","url":"https://time.com/","logo":{"@type":"ImageObject","url":"https://time.com/images/logo.png","width":528,"height":156},"foundingDate":"March 3, 1923","sameAs":["https://www.facebook.com/time","https://www.instagram.com/time/?hl=en","https://twitter.com/time","https://www.pinterest.com/timemagazine"]}},{"@context":"https://schema.org","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"item":{"@id":"/section/politics/","name":"Politics"}},{"@type":"ListItem","position":2,"item":{"@id":"/tag/constitution/","name":"Constitution"}},{"@type":"ListItem","position":3,"item":{"@id":"https://time.com/4789037/michael-flynn-plead-fifth/","name":"What Does it Mean to 'Plead the Fifth'?"}}]}] ```