Michael Flynn
Michael Flynn Reuters

Michael Flynn, former national security adviser to former President Donald Trump, on Tuesday sued to block a US House subpoena for his phone records, CNN reported on Tuesday.

His lawsuit marks the eighth court challenge against the ability of the House select committee investigating the January 6 riots on the US Capitol to gather evidence on Trump's efforts to overturn the 2020 election.

Flynn's lawsuit arrives just a day after he was scheduled to testify before the committee -- and appears to be trying to hold off the consequence of his failure to appear, as well as any other fact-finding by the panel.

While the court filing on Tuesday, in the Middle District of Florida federal court, says Flynn is primarily challenging a Verizon subpoena, it's not clear whether the committee has sought his or members of his family's phone records, as they've done with dozens of people around Trump.

The House separately subpoenaed Flynn in early November for him to turn over records he had related to the 2020 election, as well as demanding he testify. A number of top Trump aides were subpoenaed by the committee together with Flynn.

Flynn claims complying with the House's demands would violate his constitutional rights. His court filings characterize his lawsuit as a way "to resolve the impasse ... in order to facilitate his cooperation with the Committee."

Flynn pleaded guilty in December 2017 to misleading the FBI about his contact with Russia. Trump asked for Flynn’s resignation ten months earlier, after it was revealed that he misled Vice President Mike Pence about his conversations with the Russian Ambassador to the US.

In November of 2020, Trump announced he had pardoned Flynn.

Last week, the US House of Representatives voted to refer another Trump ally, former White House chief of staff Mark Meadows, to the Justice Department for a potential criminal charge over his refusal to answer questions about the Capitol riots.

The House vote came one day after the select committee investigating the January 6 Capitol riot recommended that the House hold Meadows in contempt of Congress for defying a subpoena.