Lieutenant General Michael Flynn, who famously served briefly as national security adviser under President Donald Trump, filed a lawsuit Tuesday morning in which he requested a preliminary injunction and temporary restraining order against House Speaker Nancy Pelosi (D-Calif.) and the chamber’s January 6 select committee.
Flynn’s legal team filed the suit in the U.S. District Court for the Middle District of Florida. He accuses the January 6 committee of “outrageous intrusion” by subpoenaing him and his family and condemns the “secret seizure of his and his family’s personal information from their telecommunications and/or electronic mail service providers.”
Flynn’s lawyers say he was not involved in organizing the actual events of January 6.
“General Flynn did not organize, speak at, or actively participate in any rallies or protests in Washington, D.C., on January 6, 2021, and he of course did not participate in the attack on the Capitol that day,” reads the lawsuit, which also argues that Flynn’s First Amendment rights have been violated.
“The subpoena demands records of General Flynn’s communications about the 2020 election, and seeks to identify the basis for his beliefs and the persons with whom he associated, in addition to contacts with government officials. It thus constitutes a frontal assault on his 1st Amendment rights to freedom of speech, association, and petition,” Flynn’s attorneys wrote.
Flynn further argues that the committee is guilty of “partisan harassment” and went beyond its authority in the investigation. Additionally, Flynn maintains that complying with the subpoena would violate his Fifth Amendment rights.
Another argument by Flynn, one that has also been used by former Trump chief of staff Mark Meadows in his legal battle against the Jan. 6 committee, is that the committee is not legitimate because House Minority Leader Kevin McCarthy (R-CA) was not allowed to appoint the ranking member.
The committee subpoenaed Flynn based on comments he made on TV and a meeting he had with President Trump in December 2020.
“Michael Flynn reportedly attended a December 18th, 2020 meeting in the Oval Office during which participants discussed seizing voting machines, declaring a national emergency, invoking certain national security emergency powers, and continuing to spread the false message that the November 2020 election had been tainted by widespread fraud,” the committee wrote on November 8.
“The day before, Flynn gave an interview on Newsmax TV during which he talked about seizing voting machines, foreign influence in the election, and the purported precedent for deploying military troops and declaring martial law to ‘rerun’ the election,” the committee added.
Others who have thus far sued the January 6 committee are Meadows and conservative media personality Alex Jones.
“With respect to his deposition subpoena, Jones has informed the Select Committee that he will assert his First, Fourth, and Fifth Amendment rights to decline to produce the documents requested by the Select Committee, asserting that he engaged in constitutionally protected political and journalistic activity under the First Amendment, that the Fourth Amendment guarantees him a right of privacy in his papers, and that he is entitled to due process and the right to remain silent under the Fifth Amendment,” Jones’ lawsuit maintains.
The January 6 committee on Monday sent a letter requesting the “voluntary cooperation” of Representative Scott Perry (R-Fla.) to learn more about his role helping President Trump pressure the Department of Justice to investigate 2020 voter fraud and convince states to delay certification of their election results.
Perry, however, said he would not be answering the committee’s questions.
“I stand with immense respect for our Constitution, the Rule of Law, and the Americans I represent who know that this entity is illegitimate, and not duly constituted under the rules of the US House of Representatives. I decline this entity’s request and will continue to fight the failures of the radical Left,” the Republican lawmaker said Tuesday.
This raises the question of whether the Democrat-led panel is willing to issue subpoenas to fellow members of Congress. The committee appeared to suggest it would do so if Perry does not cooperate voluntarily.
“The Select Committee prefers to gather relevant evidence from members cooperatively, but if members with directly relevant information decline to cooperate and instead endeavor to cover up, the Select Committee will consider seeking such information using other tools,” a spokesman for the panel said on Tuesday.
