Schiffletter.09232019.

SIDNEY POWELL, P.C. Federal Appeals in Complex Commercial Litigation

[email protected] 214-707-1775 2911 Turtle Creek Blvd. Suite 300 Dallas, Texas 75219

September 23, 2019 Via Electronic Mail Congressman Adam Schiff, Chairman House Permanent Select Committee on Intelligence C/O Daniel Noble, Esquire 2375 Rayburn HOB Washington, DC 20515 [email protected] Re: HPSCI Subpoena to Lt. General Michael T. Flynn (Ret.) Dear Mr. Schiff: In accord with our advice, and after considerable reflection, Lt. Gen. Michael T. Flynn (Ret.) is invoking his Fifth Amendment right and will not appear before your committee on September 25, 2019, to be paraded, harassed, or disparaged for doing so. In the words of the Supreme Court over sixty years ago, the kind of subpoena you have issued is “indefensible.” See Watkins v. United States, 354 U.S. 178, 187 (1957). Even if General Flynn did not have a Fifth Amendment privilege, which is paramount here, much of the testimony you seek would most likely be foreclosed by Executive Privilege. In any event, as you know, he has completed more than 100 hours of full cooperation with Special Counsel. In our correspondence of August 22, 2019, we cited multiple authorities (i) supporting his right to exercise his Fifth Amendment right without appearing, and (ii) exposing your disregard for propriety, professionalism, prior practices, and ethics in your theatrical demand. Sincerely, /s/ Sidney Powell Sidney Powell Jesse Binnall William Hodes Counsel for Lt. Gen. Michael T. Flynn (Ret.) cc: Ranking Member Devin Nunes