MyPillow CEO Mike Lindell sued the House select committee investigating the Jan. 6 attack on the Capitol on Wednesday in an effort to block the panel's bid to obtain his phone records through a subpoena.
The lawsuit, filed in the U.S. District Court of Minnesota, is the latest legal action filed by allies of former President TrumpDonald TrumpDeputy AG: DOJ investigating fake Trump electors Former Boston Red Sox star David Ortiz elected to Baseball Hall of Fame Overnight Health Care — Senators unveil pandemic prep overhaul MORE against the Democrat-led panel as it seeks to collect records of communications related to the insurrection and events leading up to it.
Lindell's suit says the House select committee issued Verizon a subpoena for all of his records of communication on a designated cellphone number between Nov. 1, 2020, and Jan. 31, 2021. Wednesday was the deadline to file a challenge in court before Verizon would comply with the request, it said.
Lindell is arguing that the subpoena violates his First Amendment and Fourth Amendment rights. The lawsuit also claims individual members of the select committee “acted without authority because they were not validly organized as a House committee” under the rules of the House.
The lawsuit falsely asserts that Reps. Liz CheneyElizabeth (Liz) Lynn CheneyThe Hill's 12:30 Report - Presented by Facebook - Biden faces Ukraine decision amid Russia aggression Cheney hits Gingrich for saying Jan. 6 panel members may be jailed The Hill's Morning Report - US warns Kremlin, weighs more troops to Europe MORE (Wyo.) and Adam KinzingerAdam Daniel KinzingerCheney hits Gingrich for saying Jan. 6 panel members may be jailed Jan. 6 committee subpoenas leaders of 'America First' movement Kinzinger welcomes baby boy MORE (Ill.), the only two Republicans on the panel, were “removed from the Republican Caucus” and therefore “have no legitimate power to issue enforceable subpoenas.” The lawsuit then points to two House rules focusing on standing committees and party membership.
Cheney and Kinzinger, however, are both still members of the Republican Party and the House Republican caucus.
The lawsuit also claims that House Minority Leader Kevin McCarthyKevin McCarthyPress: Newt says lock 'em up – for doing their job! The Hill's Morning Report - Biden, NATO eye 'all scenarios' with Russia On The Money — Support for new COVID-19 relief grows MORE (R-Calif.) was not consulted regarding nominations to the panel. The Republican leader did, however, recommend five GOP lawmakers for the committee before yanking the picks because of Pelosi’s opposition to two of them.
Additionally, Lindell argues the subpoena “exceeds the authority of the Select Committee” because it requests “records that are far beyond the scope of the Select Committee’s investigation.”
Lindell is requesting the subpoena be invalidated or that he be given the opportunity to review requested information before it is given to the committee so he "may assert any applicable claim of attorney-client or other privilege” before it is presented to the committee.
The lawsuit argues the subpoena is “a veiled effort to conduct an unauthorized criminal investigation, and it is not in furtherance of a valid legislative purpose.”
The House select committee declined to comment on Lindell’s lawsuit when reached by The Hill. The Hill reached out to Verizon for comment.
Former Trump White House chief of staff Mark MeadowsMark MeadowsAre the legal walls closing in on Donald Trump? Jan. 6 probe roils Cheney race in Wyoming House has the power to subpoena its members — but does it have the will? MORE, attorney John Eastman, far-right radio host Alex Jones, Trump spokesman Taylor Budowich, and conservative pundit and onetime Trump White House adviser Sebastian GorkaSebastian Lukacs GorkaCruz: 'Mistake' to call Jan. 6 a 'terrorist attack' MyPillow CEO Mike Lindell sues Jan. 6 panel over subpoena for phone records Gorka sues Jan. 6 committee over phone records subpoena MORE have all filed lawsuits in response to subpoenas from the committee.
Lindell was a vocal supporter of former Trump in the aftermath of the 2020 presidential race, arguing that the election was rigged in favor of President BidenJoe BidenDeputy AG: DOJ investigating fake Trump electors On The Money — Vaccine-or-test mandate for businesses nixed Warner tests positive for breakthrough COVID-19 case MORE. He has been a leading proponent of the false claims that manipulated voting machines were behind a fraudulent outcome.
In the days after the Jan. 6 attack, Lindell was photographed at the White House following a meeting with Trump. Zoomed-in images taken by Washington Post photographer Jabin Botsford offered a glimpse of the notes Lindell had with him, which included mentions of “martial law if necessary” and the “Insurrection Act,” an 1806 statute that allows the president to deploy troops to suppress civil disorder or actions of insurrection.
Lindell’s lawsuit is the latest legal action against the Jan. 6 committee as it works to investigate the fatal riot. The businessman’s lawsuit was filed one day before the one-year anniversary of the attack.