“The Select Committee abused its power by unlawfully subpoenaing a cell phone service provider to produce the call records of Dr. Gorka,” the lawsuit reads. “Unlike other targets, the Committee has not asked Dr. Gorka to answer any questions or to produce any documents, nor does he have any information to provide.”
In the suit, Gorka said he is “seeking relief from his political adversaries’ abuse of congressional power to intimidate and stifle his political speech.”
Politico first reported the lawsuit and the committee’s interest in Gorka, which had not previously been known.
Gorka said the committee issued a subpoena on December 15 to Verizon for the production of his phone records to be produced by December 29.
“On December 17, 2021, Verizon sent a letter to Dr. Gorka advising him that it would comply with the subpoena ‘unless Verizon receive[d] a court document from [Dr. Gorka] challenging the subpoena by January 5, 2022,'” according to the suit.
“Dr. Gorka was not a member or leader of any organization that sponsored any events on January 6, and was not present at the Capitol on that day,” the lawsuit said. “Although invited to speak at an event at the Supreme Court that day, his speech was cancelled, and therefore, he only observed the speeches at the Ellipse as one spectator among many and left. He has committed no crime, and he has done nothing, and has no information, that could provide the basis for new laws.”
The committee has previously made clear to witnesses they are interested in learning about the planning and decision-making around pro-Trump rallies before the crowd turned on the Capitol building.
“As illustrated by the Select Committee going directly to Mr. Gorka’s service provider without first asking him for the information directly, the Committee has no evidence that Dr. Gorka was involved in the attack on the Capitol,” Gorka’s attorneys wrote.
Verizon did not immediately respond to a request for comment.
Gorka becomes the 16th person to go to court to challenge the House committee. All of the lawsuits except for Trump’s executive privilege challenge, which has been filed with the Supreme Court, are in their earliest stages.