Former Trump national security advisor Michael Flynn is suing to block the House committee investigating the Jan. 6 attack from subpoenaing his phone records along with other documents and his testimony.
Flynn did not appear for his scheduled deposition Monday, filing the late Tuesday suit challenging the committee’s subpoena for his Verizon phone records. The suit also notes that Flynn planned to plead the Fifth.
The suit details a breakdown in communication with the committee after months of negotiations, with the Flynn team frustrated by a refusal to narrow the scope of its request, with Flynn’s attorney arguing litigation is needed to stymy any criminal contempt of Congress charges the committee might pursue.
“Committee counsel responded that the Committee’s preference would be for General Flynn to invoke his 5th Amendment privilege before the Committee, even if it was effectively the only thing he could do, and that the Committee could refer General Flynn for prosecution for contempt of Congress for not doing so,” Flynn’s attorney, Matthew Sarelson, wrote in the 42-page filing.
The committee declined to comment on the suit.
Telecommunications companies typically alert users when their data has been requested.
While the suit challenges the seizure of Flynn’s phone records, it claims subpoenas were also sent to members of his family, “issuing one or more subpoenas to their telecommunications and electronic mail providers.”
It also includes a full copy of the items the committee wished to discuss with Flynn, including not only his discussions with the White House about the potential to seize Dominion voting machines, but also any communications he had with former President TrumpDonald TrumpFormer chairman of Wisconsin GOP party signals he will comply with Jan. 6 committee subpoena Overnight Defense & National Security — Pentagon tells Russia to stand down Billionaire GOP donor maxed out to Manchin following his Build Back Better opposition MORE and John Eastman.
Eastman crafted the memo detailing a plan to reject state electors chosen to certify election results as well as have former Vice President Mike PenceMichael (Mike) Richard PenceJan. 6 panel subpoenas 14 involved in false electors scheme Biden leading Trump, DeSantis by similar margins in new poll Best path to Jan. 6 accountability: A civil suit against Trump MORE buck his ceremonial duty to certify election results.
It also asks Flynn about any knowledge of the funding for the various rallies ahead of the attack, and any meetings he had about efforts to keep Trump in office, including those held at the Willard Hotel.
The suit is the eighth filed against the committee, a group that includes Trump himself. Trump chief of staff Mark MeadowsMark MeadowsThe Hill's Morning Report - Who will replace Justice Breyer? Are the legal walls closing in on Donald Trump? Jan. 6 probe roils Cheney race in Wyoming MORE, right-wing radio host Alex Jones, “Stop the Steal” organizer Ali Alexander and John Eastman are all suing to block subpoena of their phone records.