Robert Ray on CNN New Day on James Comey Firing

“At Least 22 Killed, Dozens Wounded in Manchester Arena Blast; Sources: Trump Asked DNI, NSA to Deny Russia Evidence; Gen. Flynn Expected to Invoke 5th Amendment to Senate Committee”

CUOMO: All right. We’ve been getting new information all morning about this terror attack at an Ariana Grande concert, actually just after it ended in Manchester, England.

But back home, we’re also covering latest developments in the Russia probe. Michael Flynn’s attorney has indicated that the former national security adviser is not going to turn over any documents.

[06:50:01] Instead, he’s going to take the Fifth in lieu of testifying or cooperating with the Senate Intel Committee. Let’s talk to Robert Ray, former independent counsel of Whitewater

scandal that investigated the real estate controversy involving Clintons and grew from there to much different things and CNN senior legal analyst Jeffrey Toobin.

Good to have you both with us this morning.

CUOMO: Robert Ray, when you tell a client we should take the Fifth here, is that because they are always guilty of something and therefore want to hide as our president speculated once in a podium?

ROBERT RAY, FORMER WHITEWATER INDEPENDENT COUNSEL: No. I mean, with regard to documents, that’s a narrow exception and there’s a line of cases that refer to that process as act of production, which is to say there’s a testimonial component to documents that General Flynn may have in his possession that cannot be used against him unless, you know, immunity is granted. And that has a separate, you know, string of consequences.

I suspect the next act, though, rather than contempt might be an attempt to try to enforce the subpoena before a court to test the limits whether or not he has act of production coverage under the Fifth Amendment. That’s a more complicated question, but that would precede I think any — as Jeffrey correctly points out, that would precede any attempt by the committee to try to hold him in contempt.