Mike QANON-Flynn-Felon is now seeking “declaratory and injunctive relief to invalidate and prohibit the enforcement of a subpoena” UPDATED FLYNN’s TRO DENIED & Jim Jordan is in the crosshairs too

I would absolutely recommend you read Flynn’s newly filed complaint —the purpose of this article is to highlight the arguments but also connecting the Flynn Brother’s dots and the Roger Stone dot

Update Flynn’s TRO denied and Jim Jordan now in the Select Committee’s crosshairs, found at the bottom of this article

By now I’m certain many of you are now aware of Michael Flynn’s newly filed Federal Lawsuit and while there are individuals far smarter than Moi I decided to take a different approach. Naturally one can only assume that Sidney Powell was unavailable or otherwise preoccupied (Sid has a lot of lawsuits pointing at her, plus the whole Texas and DC Bars ethics investigations. As you’ll note in Flynn’s newly filed federal lawsuit ¹ —Flynn is seeking:

…declaratory and injunctive relief to invalidate and prohibit the enforcement of a subpoena from the Select Committee to Investigate the January 6th Attack on the United States Capitol (the “Select Committee”) issued in whole or in part without legal authority and demanding information from General Flynn and testimony by him in violation of his Constitutional rights and the United States.

Important Flynn’s inclusion of “his family’s communications” betcha it’s Charles Flynn he’s trying to protect

And I’d like you to read carefully what I highlighted and redlined. Flynn is speaking about the Verizon data, in the past tense. Which clearly infers that the House Select Committee on Jan6th (HSCJ6) has already obtained some records. My educated guess is the HSCJ6 requested wireless tolling data. And each wireless provider likely provided those records in advance of the December 16, 2021 Committee deadline

Felon-Flyn later Pardoned by the most corrupt POTUS

I’ve previously disclosed my utter contempt and disdain for Mike ‘QANON’ Flynn -the man is a convicted felon who admitted his guilt when he accepted Trump’s (likely unlawful because the pardon itself should be viewed as an act to obstruct Justice) pardon. When an individual accepts a pardon they are admitting their guilt. Flynn has become the darling of the dangerous domestic terror group known as QANON… but his arguments and his willful failure to cooperate I hope the FBI and more broadly the Department of Justice finds evidence that Mike “QANON” Flynn misappropriated his familial relationship with his bother Charles Flynn and that undoubtedly factored in to the nearly four hours long delay. Mike ‘QANON’ Flynn is no patriot. He continues to dishonor his lifetime oath and frankly I hope he is indicted and serves the rest of his natural born life in a federal maximum security prison.

In short Mike Flynn needs to be held accountable for his duplicitous, unlawful and increasingly dangerous behavior (read more here, here, here) We know that as recent as May 2021 the Army still has an ongoing investigation into Flynn’s unlawful emoluments violation. Mike Flynn is a disgraceful POS and if my information/research is correct the DOD-OIG’s investigation is still, every much ongoing. For context remember Flynn’s Emoluments Violation see this 2019 Archived Twitter Thread

Dear Lt Gen Flynn - you still receive a US Army Pension, right? UCMJ Article 94 UCMJ: Mutiny and Sedition

….Flynn has raised significant Constitutional and practical concerns that preclude his compliance with the subpoena without clarification of its scope and terms by the Select Committee, and reconciliation of the Subpoena’s commands with his rights under the 5th Amendment to not be a witness against himself due to an active criminal investigation into the same issues, as well as his 1st Amendment rights to freedom of speech and association, and to petition the government to redress grievances.

As you’ll note on pages 4 and 5 of Flynn’s complaint —it really does seem like he’s trying to protect his family -it’s obvious that he is trying to protect his brother General Charles Flynn and I’m pretty sure most of us know why -read the Department of Defense contemporaneous timeline of Jan6th

…The Department of Defense posted a detailed planning & execution timeline for the National Guard’s involvement in the January 6, 2021 violent attack at the U.S. Capitol. The document can be found here.

DC - National Guard Major General William Walker’s damning testimony

Notwithstanding Flynn’s arguments are not at all persuasive. Granted I’ll completely own that I am inherently biased as it relates to Mike Flynn -it’s personal for me and what he did to a sibling of mine during his time at DIA -so my assessment of his newly filed lawsuit is categorically biased. And you as a reader should formulate your own opinion of Mike QANON-Flynn

Asshole your lifetime oath to the Army requires you to;

… I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter.

House Select Committee on Jan6th -wireless provider subpoenas

As previously detailed the subpoenas to wireless service providers doesn’t “demand” invasive disclosure of “large tranches of personal information” (as many of the current plaintiffs suggest in their various lawsuits) it is important to understand exactly what the Select Committee. Tellingly some plaintiffs are arguing that the Committee’s request violates the Stored Communications Act, 18 U.S.C. § 2701, et seq.

Yet they fail to acknowledge that Administrative Subpoenas allow investigators (for Example the FBI) to lawfully obtain what’s commonly known as “tolling data” —moreover an Administrative Subpoena need not seek leave from a Court. Notwithstanding the ECPA also sets forth specific deadlines, for example the ECPA, does provide greater protection to current messages. Whereas if the messages/emails/drafts are older 180-days then ironically only a (administrative) subpoena is necessary. Again this is in the context of a law enforcement investigation but I do think it’s applicable to Congressional investigations.

Furthermore in Smith v. Maryland, 442 U.S. 735 (1979) SCOTUS held: the Constitution's Fourth Amendment protection against unreasonable search and seizure does not apply to a list of phone numbers and under the federal Electronic Communications Privacy Act (EPCA), if that data contains "specific and articulable facts" related to an investigation…see Smith v. Maryland. (n.d.). Oyez. Retrieved December 22, 2021, from https://www.oyez.org/cases/1978/78-5374

…This reasonable expectation of privacy does not apply to the numbers recorded by a pen register because those numbers are used in the regular conduct of the phone company's business, a fact of which individuals are aware… the Fourth Amendment does not apply to information that is voluntarily given to third parties, the telephone numbers that are regularly and voluntarily provided to telephone companies by their customers do not gain Fourth Amendment protections.

Not to belabor the point - between Administrative Subpoenas and a third party (the wireless telephone provider) obtaining a subscriber’s “tolling data” is perfectly permissible and the Plaintiffs attorneys should know better — again most cellphone users are unaware that the subscriber tolling data/access data is in fact the property of the wireless provider, not the actual subscriber. Additionally because a subscriber pays “an access fee” this makes it permissible for the wireless phone provider to provide investigators with GPS location, cell tower pings, etc -see August 2021 article below for a much deeper and broader discussion

House Select Committee Jan6th request to 15 social media companies.

Trump & his co-conspirators various lawsuits re: House Select Committee on Jan6th

The running theme/argument of the nearly half dozen Lawsuits filed, in each lawsuit have significant crossover in their arguments. Frankly if I didn’t know any better I’d say the litigation appears to be highly coordinated, and Trump’s sycophants are absolutely terrified of crossing Trump. And sadly they fell inline at the peril of our Democracy, peaceful transfer of power. Again eight individuals died due to the Jan6th Domestic Terror attack on our Capitol.

Commonality of the demonstrably flawed arguments:

…The Committee's lack of validly appointed minority members or a validly appointed 'ranking minority member' makes such compliance impossible…

…the Committee is attempting to exercise a law enforcement function

…the subpoena was issued in violation of House Rules and the J6 Committee's own authorizing resolution.

Based on preliminary research -these are the various cases concerning the HSCJ6th - again I’m not critiquing the House Select Committee’s approach -if anything I’m impressed by their slow and pragmatic approach.

• October 19, 2021 Trump sues National Archivist ², the District Court rejected nearly all of Trump’s arguments, see November 10th article for the Court’s Memorandum/Opinion, and see December 10th article concerning the recent USCCoAs-DC, holding the select committee is lawful and can lawfully issued subpoenas, request for a deposition and Rogs (interrogatories)

• December 8, 2021 Mark Meadows, (seearticle for the Court filings)

• December 13, 2021 John Eastman filed a complaint -Eastman main argument is “the committee subpoenaed Verizon without prior notice" (the factual basis is those records do not belong to Eastman, they belong to Verizon… Eastman’s lawsuit also disclosed, the committee had requested nine categories of data, from his personal cellphone over a ninety day time frame period. Also see the now infamous Eastman Memo

• December 13, 2021 - JUSTIN CAPORALE, TIM UNES, MAGGIE MULVANEY, and MEGAN POWERS (see NJ-ECF) this particular case involves Verizon and not the Select Committee per se

• December 15, 2021 “Freelance Journalist” Amy Harris again while I largely agree with the premise of her argument, it does seem that Harris (intentionally) out’d herself and her communications with individuals like Alex Jones and Ali Alexander. I ran numerous key word searches and no record came up in both the Committee’s website and the House Document Repository

• December 20, 2021 Alex Jones and Ali Alexander -attempts to stop the Select Committees lawful Subpoena, Deposition etc

Again you can pull down the various complaints via my Scribd Account

At any rate I decided to use my lunch break to finish up the final edits of this article but now I need to return to my job -While I’m shoving a sandwich in my calorie hole. I do believe that my readers should formulate their own informed opinion about Mike Flynn. Hence why I included a bunch of months old research. Because everyone has an opinion but opinions are not always facts, I’ve included a crushing amount of original documents to assist you in formulating an opinion. Also here’s your daily dose of saltwater therapy

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Updated December 22, 2021 at 4PM-DC Local time

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The Court made a swift adjudication on Flynn’s recent request for a TRO (see MDFL-ECF or see my Scribd Account for the Order) also, keep in mind this is after the House Select Committee agreed to provide Flynn with extra time and moved his December 6th deposition to December 20, 2021 and as properly noted by the Court -the House Select Committee stated their position on the Original Subpoena, specifically to the responsive document production by November 23, 2021 -to date Flynn has produced ZERO responsive documents…

Plaintiff’s Time￾Sensitive Motion for Temporary Restraining Order and Preliminary Injunction. (Dkt. 4) For the reasons that follow, the Motion for Temporary Restraining Order is DENIED WITHOUT PREJUDICE.

Flynn now seeks entry of a temporary restraining order prohibiting Defendants—Speaker Nancy Pelosi, the Select Committee, and the nine members of the Committee—from enforcing the subpoena against him. (Dkt. 4) Flynn also requests that the Court enjoin Defendants from enforcing “any third-party subpoena seeking General Flynn’s cell phone data.”… Flynn alleges, on information and belief, that “the Select Committee has issued or intends to issue a subpoena to telecommunications providers regarding General Flynn’s subscriber information and cell phone data.” (Dkt. 1 at ¶ 64) There is no evidence in the record as to the content of such a subpoena or any deadlines it sets for the production of responsive documents.

One thing I’ve repeatedly discussed with my readers when a party is seeking a preliminary or temporary injunction - they must establish the following factors Because the relief sought is extraordinary Court have a mandatory requirement to contemplate if the movant has successfully articled the following -note that the count found that Flynn failed to formal give notice to the House Select Committee:

• “(1) a substantial likelihood of success on the merits;

• (2) that irreparable injury will be suffered if the relief is not granted;

• (3) that the threatened injury outweighs the harm the relief would inflict on the non-movant; and

• (4) that entry of the relief would serve ,the public interest.”

  

Flynn’s failure to provide the information required under Rule 65(b)(1)(B) and Local Rule 6.01(b) is fatal to his request for a temporary restraining order without notice…

The point is Flynn’s filing lacked the prerequisite showing of concrete and particularized injury of fact or eminent injury, moreover Flynn’s lack of notice to Speaker Pelosi and the Select Committee meant the court (properly) denied his TRO. Here I uploaded the Court’s newly released Order to my Scribd Accounf

Select Committee on Jan6th Rep Jim Jordon…

Also YES the House Select Committee sent a letter to Jim “I can’t remember” Jordan - but this paragraph on page 2 of the letter is where the action truly is”

We understand that you had at least one and possibly multiple communications with President Trump on January 6th. We would like to discuss each such communication with you in detail. And we also wish to inquire about any communications you had on January 5th or 6th with those in the Willard War Room, the Trump legal team, White House personnel or others involved in organizing or planning the actions and strategies for January 6th.

Public reporting suggests that you may also have information about meetings with White House officials and the then-President in November and December 2020, and early-January 2021, about strategies for overturning the results of the 2020 election… We would also like to ask you about any discussions involving the possibility of presidential pardons for individuals involved in any aspect of January 6th or the planning for January 6th

Gym-Bo is finally in the Select Committee’s crosshairs

And that’s largely Jordan’s doing because he’s made a series on head scratching admissions and equivocation during recent interviews. Rep Jim Jordan’s dose of accountability appears to have finally reared is head -and that brings me incandescence joy…

1. See other (current) lawsuits; on December 13, 2021 John Eastman filed a complaint with (presumably) complaint; Justin Caporale et al complaint)

2. Also see November 2, 2021 article: Trump v National Archives in attempt to once again thwart the lawful Congressional investigation. Updated with Trump’s response.