Biden’s FTC sued over suppressing Musk records.
Conservative Legal Group Sues Biden Administration Over Withheld Records in Elon Musk’s Twitter Investigation
A complaint has been filed by America First Legal, a conservative legal group led by ex-Trump administration officials, against the Biden administration for failing to release records related to its investigation into Elon Musk’s X, formerly known as Twitter. The group had previously sent a Freedom of Information Act request to the Federal Trade Commission (FTC) in March, seeking documents on the Twitter inquiry, which focuses on privacy and data security practices. However, after the FTC denied their appeal in September, America First Legal decided to take legal action, accusing the regulator of violating federal law by withholding information.
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“Our woke, weaponized federal government will stop at nothing to harass and attempt to intimidate its perceived opponents,” stated Gene Hamilton, vice president and general counsel for America First Legal, expressing frustration with the government’s actions. Hamilton added, “The American people have had enough. What they have done in the dark will be brought to the light.”
This lawsuit is the latest development in conservatives’ efforts to challenge the FTC’s investigation. In a report released by the House Judiciary Committee’s Weaponization of the Federal Government Select Subcommittee, the inquiry was labeled a “harassment campaign” and “agency overreach.” The committee, led by Republicans, shared excerpts of FTC letters to Twitter, revealing the regulator’s request to identify journalists with access to company records, referring to the “Twitter Files” released by Musk regarding Twitter’s interactions with the U.S. government during Jack Dorsey’s tenure as CEO.
Judiciary Committee Chairman Jim Jordan subpoenaed FTC Chairwoman Lina Khan in April for documents related to the Twitter inquiry. During her appearance before Congress in July, Khan faced questioning from Jordan about her alleged “obsession” with Musk. Khan testified that Twitter has a history of weak security and privacy policies, emphasizing that the FTC’s involvement with Twitter dates back a decade.
In a recent court filing, the Justice Department shared excerpts of depositions with former Twitter executives, alleging that Musk violated a 2022 FTC order on Twitter’s security and privacy practices. The government opposed X’s request to grant Musk immunity from testifying, claiming that he exerted significant control over X Corp., potentially compromising data privacy and security.
America First Legal’s lawsuit aims to uncover records related to the FTC’s reopening of the Twitter investigation. Over ten years ago, Twitter and the FTC reached a settlement agreement after the company was found to have violated federal law by failing to protect customers’ personal information. In May 2022, the FTC filed a complaint in federal court in California, accusing Twitter of violating a 2011 consent order. The court subsequently permitted the regulator to reopen the investigation.
The legal group, led by ex-Trump adviser Stephen Miller, is also seeking records from the FTC regarding its request for information on journalists involved in the “Twitter Files,” including Matt Taibbi. In late 2022, the IRS initiated an examination of Taibbi’s 2018 tax return after he exposed Twitter’s suppression of the Hunter Biden laptop story in 2020. Notably, Taibbi was visited by an IRS agent on the same day he testified before the weaponization subcommittee.
America First Legal is additionally requesting communications between various FTC officials, such as attorneys James Kohm and Reenah Kim, from April 2022 to February 2023. Kohm, responsible for overseeing FTC privacy settlements, reportedly participated in a call with Musk and Christine Wilson, the regulator’s sole Republican commissioner, after Khan declined a call with Musk in late January.
The lawsuit, filed in the U.S. District Court for the District of Columbia, was submitted by ex-Trump administration lawyers Juli Z. Haller and Michael Ding. The FTC has declined to comment on the matter.
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What are the implications of the FTC’s request for confidential company records in the investigation against Elon Musk and Twitter?
Order from the FTC by releasing confidential company records. The filing also mentioned that the FTC is seeking to interview Musk as part of its investigation.
The controversy surrounding the investigation has also shed light on the role of Anita Dunn, a top adviser to President Joe Biden. Dunn, who previously worked as a White House strategist for the Obama administration, has been criticized for her alleged involvement in the decision to pursue the Twitter inquiry. According to the House Judiciary Committee’s report, Dunn played a key role in pushing for the investigation, raising concerns about potential political motivations behind the probe.
Conservatives argue that the FTC’s investigation into Twitter’s privacy and data security practices is unfairly targeting a prominent conservative voice. They accuse the Biden administration of using federal agencies to silence political opponents, citing examples such as the IRS targeting conservative groups under the Obama administration.
The lawsuit filed by America First Legal highlights the ongoing tensions between the conservative movement and the Biden administration. It also raises broader questions about the limits of government authority and the protection of free speech in the digital age.
The outcome of this lawsuit will have significant implications for the future of online speech and regulation. If the court rules in favor of America First Legal, it could set a precedent for limiting the government’s ability to investigate and regulate social media platforms. On the other hand, a ruling in favor of the Biden administration could bolster arguments for increased oversight and regulation in the interest of user privacy and data security.
Regardless of the outcome, this case serves as a reminder of the ongoing debates surrounding the power and influence of Big Tech companies, as well as the challenges of balancing free speech rights with the need for robust regulation in the digital era.
In conclusion, the lawsuit filed by America First Legal against the Biden administration over the withheld records in Elon Musk’s Twitter investigation is a significant development in the ongoing battle between conservatives and the government. The case raises important questions about government transparency, free speech, and the role of federal agencies in regulating social media platforms. The outcome of this lawsuit will have far-reaching implications for the future of online speech and the balance of power between government and technology companies.
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