A Florida federal judge turned down a request from former national security adviser Michael Flynn‘s request to enact a temporary restraining order against subpoenas from the House committee investigating the riot at the U.S. Capitol on Jan. 6, NBC News reports.
According to U.S. District Judge Mary Scriven, Flynn’s motion failed because “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.”
Scriven added that “there is no basis to conclude that Flynn will face immediate and irreparable harm” — which he’d have to prove to have his motion approved. The judge also said that Flynn’s lawyer didn’t follow the proper procedure for such a request.
She said he can try again “if he believes he can comply with the procedural requirements.”
Flynn sued on Tuesday, saying the committee’s subpoena was too broad and inquired into his political views and violated his First Amendment rights. He also said it violated his Fifth Amendment right against self-incrimination.