Stephen Miller, the former adviser Trump adviser known for pushing the administration’s family separation policy at the U.S.-Mexico border, is suing to block the Jan. 6 committee from obtaining his phone records. The suit argues that the phone records requested contain sensitive family information, and notes that Miller is still on his parents’ T-Mobile cell phone plan.
The Jan. 6 committee initially subpoenaed him in November, noting that Miller pushed disinformation about election fraud following the 2020 election. Miller took issue with this, as well. “There are no facts that show that Mr. Miller had any role in what happened there or otherwise engaged in any unlawful efforts to interfere with the peaceful transfer of power to the Biden administration,” the suit reads.
The family-plan phone records the committee is seeking is technically owned by a limited partnership, Carron Drive Apartments LP (also named as a plaintiff in the suit), and the filing states that the plan is used by Miller’s mother and father, Miriam and Michael, as well as their children.
“Mr. Miller is, and has been, the user of a cell phone number assigned by T-Mobile (and previously by Sprint Communications) to the Carron Drive’s Family Plan Account for at least the last 10 years,” the lawsuit states. The filing later acknowledges that, yes, Miller “used the phone number assigned to his Family Plan Account for personal and business communications during the period indicated by the Subpoena” (specifically, Nov. 1, 2020 through Jan. 31, 2021).
Miller in the lawsuit tries to rebuff the subpoena by arguing that during the period the House committee is investigating, he was also using his cellphone to “consult with doctors and other healthcare professionals” about medical issues related to his wife and their baby daughter. “These medical consultations involved sensitive, private matters that are entirely irrelevant to the work of the Select Committee,” the filing states.
The lawsuit also argues that the subpoena’s request is “overly broad” and could lead to T-Mobile handing over data and information for other numbers on the family plan. There’s also a free-speech argument against the subpoena, as well as an ostensible allusion to Red Scare-era blacklisting, with the suit calling Miller’s cell phone records the “modern-day equivalent of a membership list.”
The suit even adds that the Select Committee, in its efforts to investigate an attempted insurrection and alleged effort to overthrow the results of a democratic election, is actually “misusing [its] authority to investigate political adversaries, painting their opposition with a broad brush as insurrectionists and domestic terrorists.”