Michael Flynn just lost
When Michael Flynn filed suit last night to try to block the January 6th Committee from obtaining evidence such as his phone records, we (and others) pointed out that it was not only certain to fail, it was unlikely to even delay things. Sure enough, CNN just reported that Flynn has lost in court already.
This isn’t surprising. Flynn’s only hope would have been some kind of emergency injunction to block the phone company from turning over its records until the case could be heard. Such injunctions are only granted if the court believes there’s some merit to the case. And since there was zero legal basis for Flynn’s suit, his request for an injunction was rejected.
Flynn may be able to attempt an appeal. But given the laugh out loud nature of his case, and the swiftness with which a judge has laughed it out of court, it’s difficult to imagine an appeals court allowing Flynn to delay things either.
So it’s now very likely that the January 6th Committee will obtain Michael Flynn’s phone records within days. And now we know that, for whatever reason, Flynn very much didn’t want the committee to obtain those records. Notably, in his court filing, Flynn accused the committee and the DOJ of working together to target him and others. We’re not aware of any DOJ probe into Flynn, but Flynn sure seems to think there either is one or will be one. This would be in addition the the criminal contempt referral that the committee will now seemingly certainly make against him. Stay tuned.
