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Ret. Gen. Flynn files restraining order against Pelosi, sues Jan. 6 committee over subpoena

Michael Flynn. (Kristyn Ulanday/Defense Intelligence Agency)
December 22, 2021

Gen. Michael Flynn, President Donald Trump’s first national security advisor, filed a complaint to block a subpoena by the House select committee investigating the storming of the Capitol on Jan. 6. Flynn also filed a restraining order against House Speaker Nancy Pelosi.

Both the complaint and motion were filed on Tuesday in Fort Myers, Fla., federal district court just one day before Flynn was scheduled to testify before the committee.

“The Subpoena commanded General Flynn produce documents in response to twenty sweeping and vague demands covering a year and a half time frame — by November 23, 2021. Further, it commanded General Flynn to appear for a deposition on December 6, 2021, ” the 42-page complaint stated.

The complaint further argued that during the Jan. 6 demonstration, Flynn was a private citizen who doubted the legitimacy of the 2020 election, which is not against the law.  

“It is not a crime to hold such beliefs, regardless of whether they are correct or mistaken, to discuss them with others, to associate with those who share the same belief, or to ask the government to address such political concerns,” the filing continued.

In his separate motion against Pelosi, Flynn argued that he did not help organize the events on Jan. 6, nor did he speak at or participate in any rallies or protests that day. Flynn said the subpoena is a “frontal assault” on his constitutional rights.  

“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 read.

“Without intervention by this Court, General Flynn faces the harm of being irreparably and illegally coerced to produce information and testimony in violation of the law and his constitutional rights,” it continued. “He will also be illegally and irreparably harmed by the Select Committee’s unlawful and secret seizure of his and his family’s personal information from their telecommunications and/or electronic mail service providers.”

Several other individuals subpoenaed by the committee have taken legal action against it, including former White House chief of staff Mark Meadows, Infowars founder Alex Jones and “Stop the Steal” campaign organization Ali Alexander, the New York Post reported.

The committee has pursued charges against those who refuse to cooperate with the subpoenas, but former White House chief strategist Steve Bannon is the only person to be indicted at this point.