Flynn's 5th Am. Claim Will Not Protect Him

General Flynn has reportedly declined to comply with a subpoena for documents, citing the 5th amendment's privilege against self-incrimination. But the privilege does not protect the documents here. At most it will protect the act of producing the documents, which can be communicative, not the documents themselves. The act of producing them in response to subpoena communicates that Flynn has them and admits that the documents produced are those the subpoena describes. A limited grant of immunity for the act of production will eliminate the 5th amendment claim. Nor will a limited grant of immunity for the act of production impede the broader investigation. All Flynn will get is delay.