Judge denies Flynn's request for restraining order over January 6 subpoena

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A request by former national security adviser Michael Flynn for a temporary restraining order against the January 6 Committee and Speaker Nancy Pelosi over subpoenas issued against him has been rejected by a federal judge.

"Flynn has not set forth specific facts in an affidavit or a verified complaint clearly showing that immediate and irreparable injury, loss, or damage will result to him" as a result of providing the subpoenaed information, Florida District Judge Mary Scriven wrote in the ruling obtained by Fox News.

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FILE - Michael Flynn, President Donald Trump's former national security adviser, leaves federal court in Washington, Tuesday, Sept. 10, 2019. (AP Photo/Manuel Balce Ceneta, file) (AP Photo/Manuel Balce Ceneta, file)

The judge also noted that the committee had postponed Flynn's deposition date to a "date to be determined" and there was "no evidence in the record as to the date by which the select committee now expects Flynn to comply with its document requests."

Scriven also said Flynn's lawyers did not notify the party's being sued, Pelosi and the committee, about the restraining order request which is required by federal rules. 

Scriven did leave the door open for Flynn to ask for the restraining order again if he can rectify the issues she outlined.

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In the Tuesday lawsuit, Flynn’s lawyers maintained he was not involved in the organization or the actual events of Jan. 6. 

U.S. Representatives Bennie Thompson (D-MS) and Liz Cheney (R-WY), co-chairs of the January 6th Select Committee, testify before the House Committee on Rules at the United States Capitol in Washington, U.S., December 2, 2021. REUTERS/Evelyn Hockstein

"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 lawsuit also argues that Flynn’s First Amendment rights have been violated. 

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"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.

Flynn was subpoenaed by the committed last month based on comments he made on television and a meeting he had with President Trump in December 2020.

Rep. Liz Cheney, R-Wyo., and Chairman Rep. Bennie Thompson, D-Miss., arrive for the first House select committee hearing on the Jan. 6 attack on Capitol Hill in Washington, Tuesday, July 27, 2021. (AP Photo/ Andrew Harnik, Pool) (AP Photo/ Andrew Harnik, Pool)

"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"