Former National Security Adviser Michael Flynn on Dec. 21 sued the House Select Committee investigating the Jan. 6 Capitol riot to block a subpoena for his phone records.
In the lawsuit filed in a federal court in Florida, Flynn accused the Jan. 6 Committee of overreaching with its subpoena, claiming that it violated his rights to free speech and against self-incrimination.
“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,” the lawsuit said.
“Compelling General Flynn to produce the types of records identified in the Subpoena would violate General Flynn’s 5th Amendment privilege against self-incrimination to the extent that admissions that certain records exist, that they are in his possession, and that they are authentic may be used as evidence against him in the aforementioned criminal investigation,” the lawsuit further said.
In a letter last month, the Committee asked Flynn to provide documents and to appear for a deposition regarding the meeting he had with former U.S. President Donald Trump and others in the Oval Office on Dec. 18, 2020 when participants discussed seizing voting machines and invoking certain national security emergency powers.
According to court documents, the lawsuit was “to resolve the impasse… in order to facilitate his cooperation with the Committee.”
Flynn filed the lawsuit a day after he was scheduled to testify before the Committee.
Flynn said in the lawsuit that he was concerned about potentially facing a criminal contempt of charge for failing to appear for testimony.
Flynn’s lawsuit marks the eighth court challenge against the Committee on its powers to gather evidence on Trump’s attempt to overturn the presidential election results.
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