Gen. Michael Flynn has made a power play against Speaker of the House Nancy Pelosi, filing a motion for a temporary restraining order and preliminary injunction specifically against the California Democrat.
Alongside the restraining order and preliminary injunction, General Flynn has also filed a complaint to stop a subpoena from the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol. The complaint names all nine members of the committee as defendants, which includes 7 Democrats and two RINOs, Adam Kinzinger and Liz Cheney.
Complaint – Subpoena
The committee has surprisingly decided to focus on Gen. Flynn during their investigation, despite the fact that he only worked under former President Donald Trump for a short time, resigning on February 13th, 2017, just a few weeks after Trump took office.
In November of 2021, Flynn was mailed a subpoena that ordered him to hand over documents and appear before the committee for a deposition.
“The Subpoena commanded General Flynn produce documents in response to twenty sweeping and vague demands covering a year and a half time frame — by November 23, 2021. Further, it commanded General Flynn to appear for a deposition on December 6, 2021, ” Flynn’s complaint read.
The complaint goes on to explain that, at the time of January 6th — and during all of the times relevant to the committee’s investigation — General Flynn was a private citizen who personally had doubts about the integrity and security of the 2020 election.
“It is not a crime to hold such beliefs, regardless of whether they are correct or mistaken, to discuss them with others, to associate with those who share the same belief, or to ask the government to address such political concerns,” the complaint read.
Of course, despite Gen. Flynn raising several concerns about the subpoena, the committee “stubbornly refused to provide any clarification or cooperation to resolve these issues,” the complaint read.
Instead of trying to solve issues and actually figure out what happened that day, the complaint points out that the committee has been pushing to refer any witness that is even slightly non-cooperative to be prosecuted buy the Department of Justice for contempt of Congress.
“Thus, General Flynn is caught between alternatives that both risk criminal prosecution by the Department of Justice, either in an ongoing criminal probe, or in a new prosecution for contempt of Congress,” the filing states.
Overall, the complaint questions the legality of the House committee’s subpoena, and seeks declaratory and injunctive relief from the House committee, which would stop the subpoena from being enforced.
Motion – Pelosi
In a separate filing, Gen. Flynn named Pelosi as the defendant in seeking a temporary restraining order and preliminary injunction. In that motion, he is arguing that he had no part in organizing, speaking at or participating in the rallies, or joining in the protest or incursion that took place on January 6th. Flynn therefore states that the subpoena is furthermore an assault on his constitutional rights.
“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 argues.
The motion against Speaker Pelosi also claims that the subpoena would violate Gen. Flynn’s 5th Amendments rights since “the documents and testimony seek to subvert General Flynn’s 5th Amendment right against compelled self-incrimination.”
The filing further argues that even the act of issuing the subpoena was faulty, claiming that it violated the House committee’s own authorizing resolution, was overly vague, and was “not issued for a valid legislative purpose, but rather the partisan harassment of a person because he holds political views the Select Committee dislikes.”
If the temporary restraining order is granted, it would grant General Flynn relief from having to appear for a deposition and from having to produce records for the committee. The order would also prohibit Pelosi from enforcing the subpoenas or from using any records the subpoenas may have already allowed the committee to obtain.