A federal judge rejected on Wednesday the request filed by the former US National Security Adviser Michael Flynn to temporarily block subpoenas that the House committee investigating the Jan. 6 Capitol riot issued to him.
The lawsuit of the lieutenant-general was filed on Tuesday, a day after he was scheduled to appear before the committee, and it argued that that it violates the freedom of speech protected by the First Amendment as well as his right against self-incrimination guaranteed by the Fifth Amendment.
Flynn’s defense team also requested in the lawsuit a temporary restraining order, noting that the subpoena of his communications about the 2020 election, and demands to identify the basis for his beliefs and the persons with whom he associated, in addition to contacts with government officials, which has raised significant Constitutional and practical concerns.
He also claimed that the Select Committee is not legally constituted since it does not have the House Minority Leader Kevin McCarthy’s appointed members that were barred by Nancy Pelosi, the House of Representatives speaker.
Flynn’s request was rejected by District Judge Mary Scriven, who explained that he did not provide an affidavit with specific facts or a verified complaint that clearly shows the immediate or irreparable injury, loss, or damage that might result to him if the subpoena is not blocked.
The ruling also says that Flynn’s lawyers also failed to notify the House panel of the lawsuit and to explain why they did not do it, which means they did not follow the correct process in filing the request.
However, she opened the door to Flynn to renew the bid if he can satisfy two issues that were cited in the judge’s decision to deny a restraining order against the committee.
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