Court Battles

Flynn suit against Jan. 6 committee dismissed over procedural errors

A federal judge on Wednesday dismissed former national security adviser Michael Flynn’s lawsuit against the House Jan. 6 select committee for failing to follow procedural rules in filing his case, but said he would have an opportunity to make corrections and re-submit it to the court.

U.S. District Judge Mary Scriven said in an order issued just one day after the lawsuit was filed that, among other things, Flynn’s lawyers failed to show that there was an imminent need for the court to intervene against a set of subpoenas from the select committee aimed at the retired general and his phone provider.

“Flynn may refile his Motion if he believes that he can comply with the procedural requirements discussed above,” wrote Scriven, who was appointed by former President George W. Bush. “Of course, if the Select Committee attempts to expedite the response dates for document requests from Flynn or for the third-party subpoenas, Flynn may seek appropriate relief from the Court. If Flynn chooses to renew his request for a temporary restraining order, he must adequately explain why injunctive relief is necessary before Defendants have an opportunity to respond.”

Flynn’s attorney, David Warrington, said in a statement that Scriven’s order will not affect their underlying case challenging the subpoena.

“General Flynn looks forward to obtaining relief from Congress’s unconstitutional and unlawful investigation in the normal course of his pending suit for injunctive relief that was not affected by today’ order,” Warrington said.

Flynn sued the select committee on Tuesday, after not showing up for a scheduled deposition the day before.

In his suit, Flynn challenged the validity of the subpoenas for his testimony and for his personal phone records and argued that the demands violate his constitutional rights.

“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,” his complaint reads. “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.”

–Updated at 12:10 p.m.

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