Flynn Loses Lawsuit Against Jan. 6 Committee A Day After Filing It

TPM Illustration/Getty Images
Start your day with TPM.
Sign up for the Morning Memo newsletter

Former Trump adviser Michael Flynn on Wednesday lost his lawsuit against the House Jan. 6 select committee over its subpoena for his phone records that compelled him to testify and to produce documents — a day after Flynn filed his motion in federal court in Florida.

On Tuesday, Flynn asked a federal judge in Florida for a temporary restraining order. Flynn claimed that the committee’s subpoenas for his electronic records and testimony could violate his Fifth Amendment right against self-incrimination in other investigations he’s linked to, which include the reported federal probe into Sidney Powell’s Defending the Republic PAC.

In the decision, U.S. District Court Judge Mary Scriven in Tampa said Flynn failed to meet the procedural requirements needed for emergency intervention. Scriven said that Flynn could refile his request in the future or he could let his requests play out longer in court. Flynn’s motion request help from the judge by Thursday.

Scriven noted that the committee delayed Flynn’s deposition to “a date to be determined.” Although the committee’s subpoena instructed Flynn to produce documents by Nov. 23, Scriven wrote “there is no evidence in the record as to the date by which the select committee now expects Flynn to comply with its document requests.”

Scriven said that the former Trump adviser hasn’t provided in court other relevant evidence about his communications with the committee.

“Flynn has not, however, provided any information about the date by which the Select Committee currently expects him to produce documents,” the judge wrote.

The judge concluded that “there is no basis to conclude that Flynn will face immediate and irreparable harm.”

Flynn’s loss of his bid in court marks the first quick response to a lawsuit from a House witness, following several who attempted to block the House from pursuing their phone records.

Latest News
53
Show Comments

Notable Replies

  1. Former Trump adviser Michael Flynn on Wednesday lost his lawsuit against the House Jan. 6 select committee over its subpoena for his phone records that compelled him to testify and to produce documents — a day after Flynn filed his motion in federal court in Florida.

    No. Full stop. He did not lose the lawsuit. He lost a hail mary attempt to get a pre-emptive win using an ex parte (the opposing party doesn’t even get to say their piece) temporary restraining order. Those are almost never granted. The lawsuit marches on, at the regular pace. And since the request for the TRO was dismissed without prejudice, he can even re-file that request, perhaps this time with an actual deadline date in it.

    Flynn lost nothing today except some cash to his attorneys, and I doubt he’s paying out of his own pocket.

  2. This General loses often. Good thing he doesn’t have a command. It’s kinda sobering knowing he once did.

  3. Better dust off that Russian passport, Mikey…

    Gettin’ close to the time you need to runnoft.

  4. It’s Waterloos all the way down for Gen. Flynn.

Continue the discussion at forums.talkingpointsmemo.com

47 more replies

Participants

Avatar for playitagainrowlf Avatar for josephebacon Avatar for mondfledermaus Avatar for jdkahler Avatar for arrendis Avatar for sparrowhawk Avatar for danny Avatar for sonsofares Avatar for mike_in_houston Avatar for generalsternwood Avatar for riverstreet Avatar for darrtown Avatar for zlohcuc Avatar for jim195 Avatar for jacksonhts Avatar for grack Avatar for rhs1963 Avatar for maximus Avatar for euglena4056 Avatar for karlwlewis Avatar for occamscoin Avatar for eaharrison Avatar for rascal_crone Avatar for mrbill30560

Continue Discussion
Masthead Masthead
Founder & Editor-in-Chief:
Executive Editor:
Managing Editor:
Deputy Editor:
Editor at Large:
General Counsel:
Publisher:
Head of Product:
Director of Technology:
Associate Publisher:
Front End Developer:
Senior Designer: