A Federal Judge, in Florida, denied Michael Flynn’s request for a temporary restraining order, that he sought to block the Jan. 6 subpoena and the requirement for him to testify, only one day after he filed the request.
U.S. District Judge Mary Scriven, of Tampa, said Flynn’s motion, which was filed Tuesday, failed for two reasons, including a lack of urgency.
The judge said “there is no basis to conclude that Flynn will face immediate and irreparable harm,” which is needed for the order.
She noted that the committee postponed Flynn’s deposition to “a date to be determined.” And while the committee's subpoena said he should produce the documents it requested by Nov. 23, “there is no evidence in the record as to the date by which the select committee now expects Flynn to comply with its document requests,” she said.
Scriven said Flynn's lawyers also failed to follow the correct procedure for such requests. Federal rules require someone seeking a temporary restraining order to notify the other party or parties, in this case, House Speaker Nancy Pelosi (D-CA-14th District), and the Jan. 6 committee, or say why the notice shouldn’t be required. Flynn’s lawyers failed to do either, an omission that the judge said was fatal to his motion.
Scriven also said Flynn can try again “if he believes he can comply with the procedural requirements.”
Flynn, who was Trump's first national security adviser, sued Tuesday, claiming that the committee subpoena was too broad, inquiring into his political views, and violating his First Amendment rights. He also said it requested information about matters that could touch on a separate criminal investigation, violating his Fifth Amendment right against self-incrimination.
Flynn pleaded guilty in 2017 to lying to federal agents about a conversation he had with a Russian diplomat when he was cooperating with former special counsel Robert Mueller's investigation into Russian interference in the 2016 election. He later stopped cooperating and sought to withdraw the guilty plea. Trump granted him a full pardon last year.
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