It was reported earlier today that a judge has weighed in on the request of Lieutenant General Michael Flynn on his request to stop the January 6 House Select Committee from subpoenaing his testimony and documents.District Judge Mary Scriven has denied the request but said that the general can refile the case under certain conditions despite having been denied a temporary restraining order, NBC News reported.
The judge took action the day after Flynn filed his motion in federal court in Florida, where he lives.
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.
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.
For those and other reasons, Scriven said, “there is no basis to conclude that Flynn will face immediate and irreparable harm,” which is what he would have to demonstrate to get a restraining order.
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-Calif., 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.
The judge said that the general can apply again “if he believes he can comply with the procedural requirements.”
