Trump ally Stephen Miller will sue the House select committee investigating the Jan. 6 riot on Capitol Hill as he seeks to block a subpoena of his phone records.
His lawyers argued the Jan. 6 Committee‘s subpoena was overly broad, violates his First and Fourth Amendment rights, and his parents’ family plan he has been using for the decade, posing privacy concerns. The lawsuit, filed Wednesday with the U.S. District Court for the District of Columbia, asked the court to quash the subpoena and impose an injunction to shield Miller from sanctions for noncompliance.
“Because Mr. Miller’s phone number is included with other numbers assigned by T-Mobile to the Family Plan Account, in the absence of explicit instructions from the Committee, it is possible that T-Mobile may respond to the Subpoena by producing data for other numbers assigned to the Family Plan Account,” the lawsuit said. “The Subpoena for records of private communications is overly broad and calls for the production of information that is unrelated to the purposes of the Select Committee’s investigation.”
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The Jan. 6 committee subpoenaed phone records on Feb. 22, seeking records from Nov. 1, 2020, to Jan. 31, 2021, according to the lawsuit. T-Mobile expressed its intent to comply with the subpoena and produce records by March 11, the suit said.
The family phone plan was registered to Carron Drive Apartments LP, a real estate company in California. The plan is used by Miller’s father and mother. Miller made several personal phone calls during the period in question with health professionals about his newborn daughter, none of which pertains to the Jan. 6 investigation, the filing added.
The Jan. 6 Committee subpoenaed Miller last year, ordering him to produce documents to the committee and appear for a deposition over his alleged participation in spreading false information about the 2020 election and pressuring state legislatures to appoint alternative electors to upend the election.
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Miller joins a growing list of committee targets who have sued alleging subpoena overreach. Last year, Congress voted to hold Trump loyalists Mark Meadows and Steve Bannon in contempt for failing to comply with the committee’s subpoena. Both men took the matter to court, with Meadows also filing a lawsuit against the committee. John Eastman, a Trump-linked lawyer, sued the committee over its subpoena of his email records. However, a judge has ordered him to produce some of the documents and will evaluate additional documents the committee is seeking.
A representative for the Jan. 6 Committee declined to respond to a request for comment from the Washington Examiner.
