A federal judge in Florida denied former national security adviser Michael Flynn's request for a temporary restraining order to block subpoenas from the Jan. 6 committee investigating the riot at the U.S. Capitol earlier this year.

The committee, which has subpoenaed several allies to former President Donald Trump in recent months, is seeking to compel Flynn to testify and produce phone records and other documents. Flynn filed his motion to the U.S. District Court in Tampa as he moved to Englewood, Florida, earlier this year.

Judge Mary Scriven, a appointed by President George W. Bush, ruled against his request on Wednesday due to a supposed lack of urgency, concluding there was no basis he would face "immediate and irreparable harm."

Scriven said the committee postponed Flynn's deposition to a "date to be determined," noting that while the committee's subpoena asked for documents by a Nov. 23 deadline, "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."


The judge also said Flynn's legal counsel did not follow the correct procedure in filing his request. The law requires someone seeking a temporary restraining order to notify the opposite party — in this case, Democratic House Speaker Nancy Pelosi — and the committee itself. While a narrow provision permits Flynn to state why he shouldn't have to notify the other party, Flynn's attorneys failed to do both.

Scriven allowed Flynn an attempt to refile “if he believes he can comply with the procedural requirements.”

An attorney for Flynn, David Warrington, told the Washington Examiner on Wednesday that the judge's ruling "does not affect General Flynn’s underlying case for injunctive relief" in his request for a temporary restraining order.

"The Court acknowledged that should the Select Committee take actions that would cause an immediate harm to General Flynn, such as expediting the response dates for document requests from Flynn or for the phone company subpoenas, a renewed motion for TRO may be appropriate," Warrington wrote.

Flynn, Trump's first national security adviser, filed his lawsuit on Tuesday with claims the committee subpoena was too far-reaching and "partisan harassment," saying it pried into his political beliefs and violated his First Amendment rights.

While Flynn claims to have not been in attendance at the Capitol riot on Jan. 6, he made public comments on Newsmax musing about how then-President Donald Trump could "rerun" elections in key states. That statement came a day before he attended a Dec. 18, 2020, meeting to discuss the possibility of declaring a national emergency and seizing voter machines, the Jan. 6 commission alleges.

Within Flynn's lawsuit, he outlines how his failure to appear for testimony could drive the House to hold a vote for contempt.


"General Flynn looks forward to obtaining relief from Congress’s unconstitutional and unlawful investigation in the normal course of his pending suit for injunctive relief that was not affected by today’ order," Warrington added.