We previously covered a lawsuit brought by the states of Missouri and Louisiana against Joe Biden and verious government officials alleging that the Biden administration coerced and colluded with social media giants to censor political opponents of Biden, particularly on issues related to Covid.The Court granted the states the chance to take testimony and obtain documents, Judge: States Will Get ‘Expedited Discovery’ On Biden Admin Collusion With Big Tech To Censor Conservatives:
There has been much public evidence that the Biden administration has pressured large social media and tech companies to censor political opponents under the guise of designating such speech “disinformation” or “misinformation.”On May 5, 2022, the states of Missouri and Louisiana filed a Complaint alleging that such collusion violated, among other things, its citizens first amendment rights. The defendants included not only senior administration officials, but also the head of the administrations planned and then disbanded ministry of information, Nina Jankowicz ….
An Amended Complaint (including a tranche of CDC emails as an Exhibit) subsequently was filed, and Great Barrington Declaration Scientists Join Missouri, Louisiana in Lawsuit Against Biden Administration For Censoring Covid Facts.
The emails discovered showed the Biden Admin Colluded With Social Media Platforms to Censor and Suppress Content.
All the while, there were disputes as to what information and documents had to be turned over on this expedited discovery schedule. Today, the Judge ruled that Anthony Fauci and Karine Jean-Pierre had to provide written answers to interrogatories (the answers would be under oath, as well as additional documents.
The Order provided, after reciting the disputes, as follows (emphasis added):
D. White House DefendantsIn accordance with the previous expedited discovery order, Plaintiffs served interrogatories and document requests upon White House Press Secretary Karine Jean-Pierre5 and upon Dr. Anthony Fauci in his capacity as Chief Medical Advisor to the President. Government Defendants have refused to provide any interrogatory responses or responsive documents,6 maintaining that these would be internal communications that would implicate serious separation of powers concerns, that Plaintiffs are required to exhaust other avenues for the discovery first, and that it would be unduly burdensome and disproportional to the needs of the case.Plaintiffs maintain they have not served interrogatories, and document requests upon President Biden and do not seek internal communications – only external communications that Dr. Fauci and Jean-Pierre sent to the relevant social media platforms.First, the requested information is obviously very relevant to Plaintiffs’ claims. Dr. Fauci’s communications would be relevant to Plaintiffs’ allegations in reference to alleged suppression of speech relating to the lab-leak theory of COVID-19’s origin, and to alleged suppression of speech about the efficiency of masks and COVID-19 lockdowns. Jean-Pierre’s communications as White House Press Secretary could be relevant to all of Plaintiffs’ examples.7 Government Defendants are making a blanket assertion of all communications to social media platforms by Dr. Fauci, and Jean-Pierre based upon executive privilege and presidential communications privilege. Plaintiffs concede they are not asking for any internal White House communications, but only external communications between Dr. Fauci and/or Jean-Pierre and third-party social media platforms.This Court believes Plaintiffs are entitled to external communications by Jean-Pierre and Dr. Fauci in their capacities as White House Press Secretary and Chief Medical Advisor to the President to third-party social media platforms.…E. HHS and Dr. Fauci as NIAID DirectorIn addition to being named in his capacity as White House Chief Medical Advisor, Dr. Fauci is also named in his capacity as Director of the NIAID. Interrogatories and document requests have been served upon Dr. Fauci in this capacity….
ii. Dr. FauciIn responding to expedited discovery requests regarding Dr. Fauci, in his capacity as NIAID Director, Government Defendants shall provide responses to Plaintiffs’ expedited discovery requests by providing answers and responsive documents as to Additional Interrogatory No. 5, Additional Interrogatory No. 6, and to Common Interrogatories 2, 3, and 4, within twenty-one (21) days from the date of this order.
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