Experts say records can be viewed as testimony and that providing them could be seen as waiving Fifth Amendment constitutional protections.
Flynn has previously sought immunity from “unfair prosecution” to cooperate with the committee.
The Senate committee is one of several congressional inquiries investigating Russian meddling in the 2016 race and possible collusion between Russia and President Trump’s 2016 campaign. Flynn is also the target of other congressional investigations as well as an ongoing FBI counterintelligence probe and a separate federal investigation in Virginia.
“We will be responding to the Senate Intelligence Committee today,” a source said. “We expect to say the general will not providing the requested documents. He is entitled to decline under the Fifth Amendment.”
Former FBI director Robert Mueller was brought in last week to serve as special counsel overseeing the FBI’s Russia investigation. This is separate from the Senate committees’ work.
Flynn, a retired Army lieutenant general, was asked to resign from his position as Trump’s national security adviser in February. At the time, Trump said he fired Flynn because he misled senior administration officials, including the Vice President, about his contacts with Russian officials.
Members of key congressional committees are pledging a full public airing as to why former FBI Director James Comey was ousted amid an intensifying investigation into Russia’s interference with the U.S. election.
Comey was fired by Trump earlier this month, sparking more controversy over his presidency. The former FBI director agreed to testify before the Senate intelligence committee after the Memorial Day holiday.