Flynn's filing with the U.S. District Court for the Middle District of Florida needing declaratory and injunctive relief claims the committee has engaged in "outrageous intrusion" by issuing extensive subpoenas to Flynn and his family, as well as "secret seizure of his and his family's personal information from their telecommunications and/or electronic mail service providers." The one-time national security adviser denied involvement in the January 6 Capitol Hill riot that precipitated the congressional committee.
"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," his lawyers claim in the lawsuit.
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Flynn blames the committee for partaking in "partisan harassment," stating congressional committees do not have "boundless authority to engage in investigations" and showing concern that cooperating with the subpoenas would break his First and Fifth Amendment rights.
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The Trump ally further suggests that the committee is illegitimate because it did not allow Minority Leader Kevin McCarthy to appoint the ranking member of the committee, a statement first made by Alex Jones's lawyers. Although ranking member Liz Cheney is a Republican, she was not appointed by McCarthy.
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While Flynn insists he did not attend the rally on January 6, he made public remarks on Newsmax musing regarding how then-President Donald Trump could "rerun" elections in key states. His remarks came a day before he attended a conference on December 18, 2020, to discuss the possibility of declaring a national emergency and seizing voter machines, the January 6 commission claims.
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According to a November, the committee subpoenaed Flynn for documents and a deposition, referencing his comment on Newsmax as part of its justification for subpoenaing him, according to a November 8 press release.
Flynn's lawsuit follows filings brought against the committee by Infowars founder and conspiracy theorist Alex Jones and former White House chief of staff Mark Meadows. Former White House strategist Steve Bannon is gearing up for a different type of legal battle after Congress voted to hold him in contempt on the committee's recommendation for his refusal to cooperate.
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Flynn was subpoenaed by the committee last month based on comments he made on television and a meeting he had with President Trump in December 2020.
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"Michael Flynn reportedly attended a December 18, 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 November 8.