In the lawsuit, Flynn’s attorneys argue that the committee does not have the legal authority to request the records, in part because he was a private citizen at the time of the riots, according to documents obtained by The New York Times.
“Like many Americans in late 2020, and to this day, General Flynn has sincerely held concerns about the integrity of the 2020 elections,” the suit states. “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 Jan. 6 committee subpoenaed Flynn in November, seeking his records and ordering him to testify.
In its announcement, the committee said Flynn allegedly attended a Dec. 18, 2020, meeting in the White House where participants discussed “seizing voting machines, declaring a national emergency, invoking certain national security emergency powers” and alleging widespread fraud in the 2020 election.
It also noted that Flynn gave an interview on Newsmax TV discussing foreign influence on the election and referencing a purported precedent for “deploying military troops and declaring martial law to ‘rerun’ the election.”
Flynn twice pleaded guilty to lying to the FBI during its investigation into Russian interference in the 2016 presidential election but later rescinded the plea and was pardoned by Trump last November.