House Judiciary Committee Sues FBI Agent Who Defied Subpoena After Being Implicated in White House’s ‘Disinformation’ Crackdown

Special Agent Elvis Chan corresponded frequently with White House officials and Silicon Valley social media companies as part of what a federal judge has derided as an Orwellian ‘Ministry of Truth.’

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Claims of 'misinformation,' critics contend, are often plagued by partisan bias. Getty Images

The House Judiciary Committee has filed a lawsuit against an FBI agent connected to the Biden administration’s “disinformation” crackdown after the agent, who’s been accused of coordinating information suppression between the White House and social media companies, refused to comply with a committee subpoena. 

“After public reporting revealed that the Executive Branch was coercing and colluding with technology companies and other intermediaries to censor online speech, the Judiciary Committee launched an investigation into how and to what extent agencies like the Federal Bureau of Investigation (FBI) were working to interfere with the marketplace of ideas and suppress the voices of the American people,” the committee writes in its complaint, which was filed at the federal district court at Washington, D.C.

Assistant Special Agent Elvis Chan, based in one of the FBI’s California offices, was “a pivotal figure in its investigation,” the committee writes. “Publicly available information indicated, and information uncovered during the Committee’s investigation to date has confirmed, that Chan was at the heart of the FBI’s interactions with technology companies, including Facebook and Twitter.”

Mr. Chan, as part of the White House’s attempts to crack down on online disinformation and misinformation, would act as the middle-man for technology companies and the administration. A federal district judge has observed that the White House efforts to police disinformation online were reminiscent of the “Ministry of Truth” in George Orwell’s “1984,” pointing to fears that “the government has used its power to silence” critics and political opponents.

Independent journalist Matt Taibbi first disclosed the existence of Mr. Chan’s e-mails with tech companies and the White House. In one e-mail uncovered by Mr. Taibbi, Mr. Chan reminded Twitter’s then-head of trust and safety, Yoel Roth, that they had “our quarterly call next week.”

The White House would continuously flag online posts, especially on Twitter before Elon Musk purchased the company and renamed it X, and send the recommendations for censorship to Mr. Chan, who would then forward those requests to Twitter and Facebook, now known as Meta. 

Mr. Roth left Twitter when Mr. Musk purchased the platform and dissolved Twitter’s Trust and Safety Council. He and his family had to flee his Bay Area home after Mr. Musk publicly claimed, without evidence, that Mr. Roth supported the sexualization of children.

The Judiciary Committee — specifically the special subcommittee on the weaponization of the federal government — subpoenaed Mr. Chan last year after it requested that he appear voluntarily for an interview. 

“After Chan failed to voluntarily appear before the Committee, it subpoenaed him to testify at a deposition,” the committee writes in its lawsuit. “But Chan defied the Subpoena. Chan’s employer, the U.S. Department of Justice (DOJ), instructed him not to appear, and he complied with that directive.”

The suit adds that “By refusing to comply with the Subpoena, Chan is frustrating the Committee’s ability to conduct oversight — a critical part of the legislative power that the Constitution vests in Congress.”

In August, when the subpoenas for DOJ and FBI records and Mr. Chan’s testimony were issued, the committee wrote that it was seeking legislative solutions to the alleged censorship regime. 

“For the Committee to inform potential legislation, such as the possible enactment of new statutory limits on the Executive Branch’s ability to work with social media platforms and other companies to restrict the circulation of content and deplatform users, the Committee must first understand the nature of this collusion and coercion between the federal government and Big Tech companies,” the statement continued.

Included on Mr. Chan’s e-mail chains with social media executives and government officials were a number of individuals from what was called the “Other Government Agency” — allegedly a euphemism for the CIA.

Apart from Covid, the government pressure also included efforts to suppress what it called “misinformation” surrounding recent elections. The Foreign Intelligence Task Force — a division of the FBI — became more prominent in Twitter’s internal communications as the 2020 election approached. 

In some of the so-called “Twitter Files,” Mr. Chan is shown to be forwarding requests to Twitter’s assistant general counsel, Stacia Cardille, from other agents regarding specific tweets and accounts, asking her to review the content. 

In one e-mail, Mr. Chan sends Ms. Cardille an Excel spreadsheet of individuals. “Our FBI Baltimore identified these Twitter handles and tweets which appear to provide misleading information on time, place, or manner of voting in the upcoming elections,” he wrote in the September 2020 e-mail. 

The weaponization subcommittee has been combing through a trove of e-mails from the early days of the Biden administration that show government officials talking with tech companies.

In the most recent disclosure, the White House’s then-coordinator for the coronavirus response, Andy Slavitt, was shown to be sending e-mails to executives at Amazon, asking them to take down books listed on their website that questioned the efficacy of vaccines. 

The constitutionality of the Biden administration anti-disinformation campaign is set to be weighed by the Supreme Court on March 18 in the case of Murthy v. Missouri.


The New York Sun

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