Former national security adviser Michael Flynn filed a lawsuit against House Speaker Nancy Pelosi and the January 6 House committee. Flynn filed the lawsuit Tuesday morning requesting a temporary restraining order and a preliminary injunction against Pelosi and the committee, claiming his First Amendment rights have been violated.
The retired Army lieutenant general says the committee is not even a legitimate one, because Minority Leader Kevin McCarthy (R-CA) was not allowed to appoint the ranking member, which makes the subpoenas invalid by law. Former Trump chief of staff Mark Meadows made the same argument in his lawsuit against the committee.
Flynn’s suit alleges Pelosi and the committee engaged in “outrageous intrusion” by subpoenaing him and his family, and specifically addresses a “secret seizure of his and his family’s personal information from their telecommunications and/or electronic mail service providers.”
Flynn also maintains the committee has engaged in “partisan harassment” and overstepped its authority in the investigation. He also argues not only were his First Amendment rights violated, his “Fifth Amendment rights would be violated by complying with the subpoenas”, reports Fox News.
“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” the lawsuit states.
“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,” the motion stated.
Flynn also contends that the committee has engaged in “partisan harassment” and has overstepped its authority in the investigation while arguing that, along with violating his First Amendment rights, his Fifth Amendment rights would be violated by complying with the subpoenas.
Fox News reports on the reasoning Flynn was subpoenaed by the committee in the first place; comments he made in a TV appearance and a meeting with President Trump in December of 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 Nov. 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”