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House Judiciary Committee sues FBI agent who flouted subpoena over censorship probe

The House Judiciary Committee on Tuesday charged FBI agent Elvis Chan with ignoring a subpoena to answer questions about alleged collusion between the federal government and social media companies in censoring online speech.

“Mr. Chan violated his legal obligations by refusing to appear before the Judiciary Committee as required by subpoena and by refusing to answer questions in the absence of any claim of executive privilege,” a lawyer for the House office said. and continues to violate the law.”The general counsel wrote: 46 page complaint Filed in U.S. District Court in Washington, DC.

The lawsuit, filed on behalf of the commission’s chairman, Jim Jordan (R-Ohio), alleges that agency officials have been accused of the federal agency’s efforts to censor or suppress protected speech, particularly the Post bombshell. He was described as a “person of vital importance” in the investigation for his first-hand knowledge of the statements. 2020 election article based on emails obtained from Hunter Biden’s laptop.

Chan, who previously worked as a liaison to companies such as Facebook and Twitter for the FBI’s Foreign Influence Task Force in the San Francisco Field Office, previously issued a subpoena to appear before the committee on Oct. 5. I was ignoring it.

The House Judiciary Committee on Tuesday charged FBI agent Elvis Chan with ignoring a subpoena to answer questions about collusion between the federal government and social media companies in censoring online speech. Reuters
“Mr. Chan violated his legal obligations by refusing to appear before the Judiciary Committee as required by subpoena,” lawyers for the House General Counsel’s Office wrote in a 46-page complaint filed in U.S. District Court in Washington, D.C. and continues to violate the law.” . F.B.I.

Congressional lawyers say there is “no legal basis” for him to evade subpoenas, citing disagreement over what kind of legal counsel he should be given. That’s what you choose.

The House Judiciary Committee allows witnesses to appear in court with either a personal lawyer or a government lawyer, but Mr. Chan has insisted on appearing with both lawyers.

“Despite the Constitution’s clear mandate that each Congress “may determine the rules of its proceedings,” the Justice Department has issued subpoenas to force agency employees to testify about their official duties without the agency’s attorneys present. “The Act is unconstitutional and therefore unenforceable,” they wrote.

The newspaper has contacted the FBI for comment.

The lawsuit alleges that Mr. Chan has no federal authority to censor or suppress protected speech, especially given his first-hand knowledge of the Post’s shocking 2020 election story, which was based on emails obtained from Hunter Biden’s laptop. It said he was a “pivotal figure” in the investigation into the agency’s efforts. Getty Images

The department said in a statement last year that Chan refused to participate in an interview before the Judiciary Committee on October 5, 2023, because he was “denied the right to be accompanied by an attorney of his choice.” revealed.

Chan is also a key witness in the federal case Missouri v. Biden, which will be heard by the Supreme Court later this year, and claimed in a deposition that he had “no inside knowledge” of the Post’s suppression.

Jordan’s committee announced in September 2023 that it had “found evidence” that Chan had given contradictory testimony regarding “communications with social media platforms” as part of the case.

The investigation includes an uprooting of federal agencies responsible under both the Donald Trump and Biden administrations for “moderating” Americans’ online speeches, including posts about the origins of COVID-19 and vaccinations. included.

The House Judiciary Committee allows witnesses to appear in court with either a personal lawyer or a government lawyer, but Mr. Chan has insisted on appearing with both lawyers. Jim Jordan / Twitter

The first reports of the FBI’s involvement in the effort emerged in the so-called “Twitter Files,” in which Chan complained to the social media giant’s content moderators about Hunter’s emails in October 2020. Internal records show that the company reported that the Post’s scoop on the 14th was false. Russia’s “hack and leak” operation.

According to a deposition given last July to the House Judiciary with Laura Demrow, director of the FBI’s Special Committee on Foreign Influences, another FBI agent told a Twitter employee on the phone the same day about the laptop. He said the report was legitimate.

According to records obtained by the Judiciary Committee, a message from a Facebook employee on October 15, 2020 also confirms a conversation with Mr. Chan, in which Mr. There is no evidence at this time to suggest that.”

In his Nov. 29, 2022, affidavit, Chan twice claimed that he had no contact with Facebook other than one conference call with an FBI task force.

Jordan’s committee announced in September 2023 that it had “found evidence” that Chan had given contradictory testimony regarding “communications with social media platforms” as part of the case. Jim Jordan / Twitter

Last October, the Louisiana-based U.S. Court of Appeals for the Fifth Circuit ruled that the FBI, along with the White House, the U.S. Surgeon General, the Centers for Disease Control and Prevention (CDC), and the Cybersecurity and Infrastructure Security Agency (CISA) — likely It likely censored Americans’ free speech by forcing or significantly encouraging social media platforms to moderate their content.

The decision was in part in line with a July 2023 ruling by a federal judge in Louisiana that barred executive branch agencies from contacting social media platforms because of evidence of censorship.

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