Michael Flynn is racking up court losses as fast as Donald Trump, this time his bid for a temporary restraining order was denied before the ink even had a chance to dry on the application. CNN reports that his attempt to block the January 6th Committee from a possible FUTURE subpoena to access his phone records and demand a deposition FAILED miserably. Flynn is so terrified that he tried to get a preemptive TRO and was promptly laughed out of court.
The ruling came one day after he made the request in a Florida federal court. CNN reports that 11 other people who the committee has requested phone records from have sued, but none have done it before the subpoena was filed. In addition to those 11, hundreds of witness has spoken with the committee and over a 100 have had their phone records requested.
Flynn was supposed to testify in front of the committee on Monday. He chose to skip that hearing and instead filed this TRO request in court the day after, hoping to stave off future consequences. The judge was not impressed, stating that his filing “did not meet the procedural requirements to make the case for emergency intervention, and that he could refile his request in the future or allow his requests to play out on a longer schedule in court.” Additionally, the judge noted that it was unclear if his phone records had even been subpoenaed, adding: “Flynn has not, however, provided any information about the date by which the Select Committee currently expects him to produce documents. Thus, on this record, there is no basis to conclude that Flynn will face ‘immediate and irreparable’ harm before Defendants have an opportunity to respond.”
Here is the full order:
BREAKING: after a trump judge recused herself from Flynn’s lawsuit, it was given to a GW appointee (Judge Scriven) who has just DENIED Flynn’s motion for a temp restraining order to block the 1/6 committee’s subpoena of his phone records. pic.twitter.com/BFuhRndivx
— Mueller, She Wrote (@MuellerSheWrote) December 22, 2021
Legal twitter had thoughts:
BREAKING: Michael Flynn loses motion for restraining order to stop subpoenas, only one day after filing motion.
This is lightning speed for a court. Normally a TRO is handled quickly but not this quickly — showing that the court thinks Flynn has no case.
— Tristan Snell (@TristanSnell) December 22, 2021
Boom there it is! Court denies Michael Flynn’s loses motion for a restraining order against the Jan 6 committee that he filed just yesterday. Looking forward to discussing grab bag of Jan 6 news with guest host @PoppyHarlowCNN on @CNNnewsroom at 3:25 PM ET.
— Harry Litman (@harrylitman) December 22, 2021
That Flynn & others are filing lawsuits rather than defying subpoenas suggests that the 1-6 committee’s strategy of aggressively pursuing contempt proceedings hit the mark. https://t.co/V6TB2JgHM9
— Joyce Alene (@JoyceWhiteVance) December 22, 2021
Flynn says he plans to plead the Fifth anyhow. Shocker.