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Tracy Beanz Profile picture
@tracybeanz
Dec 16, 2022 • 76 tweets • 20 min read • Read on X
THREAD: Missouri v. Biden

To get back up to speed on the case as we have covered it at @UncoverDC, I will provide 3 links for you. I will begin this thread with the latest in the case and if you want more details you can read:

1. uncoverdc.com/2022/10/23/bom…
2. uncoverdc.com/2022/11/03/mis…
3. uncoverdc.com/2022/12/05/the…
The Missouri v. Biden case is the most important civil liberties case we have seen in years, and may be the most important ever. The case is brought by Missouri and Louisiana, along with other individual plaintiffs. It asks the court to bar the government from colluding…
..with social media companies to limit free speech. Recently, the judge entered a ruling on motions before him. The Biden Administration had appealed to a 3 judge panel at the 5th circuit to either bar the lower court from forcing the depositions of high level officials he had..
..granted, or make them depose less senior officials. The 5th circuit declined to bar the judge from doing anything, instead asking him to revisit the potential of less obstructive means of obtaining the information needed.
The transcripts of Elvis Chan (FBI Agent who visited Meta about the laptop) and Anthony Fauci were produced from depositions in this case. You can read those here in case you haven’t.

Chan:

Fauci: s3.documentcloud.org/documents/2337…
static1.squarespace.com/static/61910a2…
The judge in LA asked the Plaintiffs to brief him again on whether there were other people who could answer the Plaintiffs questions to prove their case for a temporary injunction, and asked the Defendants to respond. The Plaintiff response is what I was threading last night.
It is linked above. The defendants told the judge that he should pause all of this while their motion to dismiss the case was on the table. The defendants want all of this discovery and deposition to stop and don’t want to have to answer to anyone.

The judge isn’t having it.
What follows now is a breakdown of his order, filed recently. As an aside, I broke out the Jen Psaki piece of this, even going so far as to read the transcript from HER judge shopping expedition in Virginia court. They really don’t want her deposed.
As usual, in any filing or order, you get a brief summary of “what is this about and why are we here?” It makes it easy to understand what the parties are arguing at that particular time, and why. Image
The judge discusses the criteria he is using to make his decision. The higher court has asked for the lower court to analyze whether the Plaintiffs can get the information from “less intrusive, alternative means” and evaluate again whether all should be paused as they wait..
..for a ruling on the motion to dismiss in the case. The last brief by the Plaintiffs offered up some alternatives for the people they initially sought. Keep in mind, Psaki is no longer the head of anything.
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This is the judge saying: “I already ruled on this, but we have to do this again because the higher court said so” Image
Rob Flaherty:

One of the criteria you need to meet to be able to depose high-level government officials is “exceptional circumstances.” Flaherty was recently added to the case after expedited discovery revealed his involvement.
In their brief, the Plaintiffs argued that the replacement being offered up instead of Flaherty (Slavitt) wouldn’t be sufficient because he didn’t attend all of the meetings Flaherty did. In their brief, the defendants argued “exceptional circumstances” didn’t exist. Bad move. Image
The judge orders that no suitable replacement is available for Flaherty, but that they will start with written interrogatory and discovery in the form of document requests. The judge lays out a timeline for this. Understand, this is a very big deal.
The judge also addresses what will happen if the defendants pull some nonsense in written response, something the Plaintiffs also addressed. This judge ain’t having it. Image
This is the warning. “If you don’t respond correctly, Flaherty will be sitting down for a verbal deposition, under oath” Image
Jen Easterly:

The judge asserts there is no reason to depose Easterly ,and he has gone through why, but also decides that Scully is a suitable replacement. I actually agree, FWIW. They will go to Easterly for anything they can’t get from him, and he was involved EVERYWHERE.
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Also, please note that the judge reaffirms “Cognitive Infrastructure.” We learned earlier in the suit that CISA has designated YOUR THOUGHTS as part of it’s critical infrastructure, and therefore they can regulate that the same way they would regulate other things.
Vivek Murthy:

Murthy was one the Plaintiffs really harped on, but the judge went with his underling. Again, if they don’t get anything from the underling, Waldo, they will go back for Murthy. Waldo is the biggest fish in his office with involvement here.
Murthy had responded in written form, and defendants argue no deposition is needed from anyone there because his responses were good enough. The judge doesn’t agree with that either, but I am considering this one a loss for now. They really needed Murthy.
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I also need to add here, this judge is basically under the watchful eye of the 5th circuit right now- a higher court. It would’ve been easy for him to just side with the Defendant arguments, not granting any further discovery because of the alleged “harm” it caused the government
Even with a gazillion other courts breathing down his back, he is doing the right thing. In analyzing the judges decision, I suppose he is thinking that by allowing the depo of a lower official, with options for more later, he is circumventing the 5th circuit stepping in (cont)
And ruling over him on the pending mandamus (it originates on these deposition appeals.) He is throwing the higher court a bone while also allowing the Plaintiffs all the leverage and leeway they need to make the depositions they want.
Jen Psaki:

This is something. Psaki was originally a dependent, but left the government. Then, the WH said they knew nothing about anything Psaki said and couldn’t return any responsive documents during expedited discovery. The judge ordered her deposed.
Psaki didn’t like that, so she started fighting it, with the government helping her. However, the government maintained that there is no replacement for Psaki. They are saying no one knows what she was saying and why. That’s their argument.
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Jen Psaki will be deposed. And it is the Biden Administrations fault. READ: uncoverdc.com/2022/11/28/jud…
One of the biggest worries for people on the side of actual justice, is that the courts seem to grant motions to dismiss on cases that really need to be adjudicated, especially when it comes to big-tech and censorship. I think this judge is going to see this case through.
He basically tells the defendants here that their motion to dismiss is bunk, while scolding them about the time they took to file it and the fact that they asked a higher court to force him to halt discover for a motion to dismiss that HADN’T EVEN BEEN FILED YET:
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He also reminds everyone that this discovery is ONLY so he can rile on the temporary injunction and that since the plaintiffs do have standing, (a central argument of the motion to dismiss,) they may move to trial where MORE deposition and discovery will be necessary. Image
I have followed this case since it has filed. It has been unprecedented in what it has uncovered. The @elonmusk Twitter Files, covered by @mtaibbi @bariweiss and @ShellenbergerMD have been icing on a cake for it; most of this will also probably come out in discovery.
The argument folks always put forth (and the government does as well) is, “Well sure, as the government we were making SUGGESTIONS about censorship, but we weren’t FORCING them to do it”

Hogwash. Psaki made statements from the podium threatening anti-trust and also 230 (cont)
..penalty should social media companies not ban who the government identified.

More, in released discovery we learned the “Disinformation Governance Board” was a way for CISA to organize their ALREADY IN MOTION censorship “help desk”

<more>
The highlighting of the Hobbs email was part of this, and came from discovery here. People would send in “tickets” and CISA, in partnership with NGO’s and other Non Profits, used YOUR TAX dollars to run a censorship “help desk.” However, they needed more organization and funding
The disinformation governance board was a way for them to centralize what they were already doing, and continue to do.
I have really missed being able to bring this information to you. Please bookmark our website, and if you are on alternative platforms you can find us there as well.

I hope my account stays active and I can continue to bring you ACTUAL journalism.

UncoverDC.com
One more - I neglected the link to the docket. Thank you @bocamarla for reminding me: courtlistener.com/docket/6329015…
I’ll add to this whenever I do some new work.
Thread on released discovery of Rob Flaherty, with a cameo by the office of Jill Biden. Yes, you read that right.
A thread on filings by the government and the Plaintiffs regarding Flaherty discovery and Psaki depositions:
Order entered on Psaki- briefing schedule set.
New- motion to compel discovery from CISA. More employees identified in having participated in censorship.
Plaintiffs file to amend complaint to be class action:
Government files notice of terminations and replacements - why is it important? Read:
Judge GRANTS motion to amend complaint to class action:
Mega thread before the Missouri v. Biden hearing- still in progress as of 5/23/23:
Rob Flaherty is no longer working in the Biden admin.
The government filed another motion to dismiss based on two SCOTUS rulings. The judge issued a minute entry setting rapid deadlines for reply given the impending decision on the temporary injunction to stop government from colluding with social media companies to censor (including with NGO’s.)

In their reply, Plaintiffs were able to enter into the record the weaponization committee report on the weaponization of CISA (read it - link below)

Response to motion:

Weaponization:
🚨🚨🚨🚨
New: Government appeals temporary injunction-
Thread on ruling for temporary injunction:
Thread on Motion to Stay injunction:
Plaintiffs file memorandum in opposition to stay on injunction
MOTION TO STAY DENIED.
Memorandum Ruling Denying the motion to stay the temporary injunction
Appeal of Injunction filed at 5th circuit.
Appellate court places a stay on the temporary injunction until oral arguments can be heard in an expedited fashion.
There’s dispute on briefing and discovery schedule between parties:
Democrat states file amicus brief in favor of censorship:
7 republican states file briefs in support of temporary injunction.
Renee DiResta and Alex Stamos file amicus in favor of the government censorship
Analysis on 5th circuit decision on the Temporary Injunction…
The government has gone to SCOTUS:

And the Plaintiffs Respond to the Governmentat SCOTUS:
A huge win for free speech in America today.
UPDATE:
SCOTUS grants cert: A thread dissecting the decision and the dissent:

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More from @tracybeanz

Tracy Beanz Profile picture
Jul 25
🚨🚨Missouri v. Biden: The 5th circuit remands the governments request for a stay on the Temporary Injunction (relating to enjoined Kennedy plaintiffs,) and acknowledge that Kennedy plaintiffs may hit the SCOTUS created definition for standing to reach a temporary injunction barring the government from contacting social media companies to coerce censorship. I’ll explain more below.Image
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RFK petitioned the court in Missouri v. Biden to enjoin his case to this one - it was very similar. The judge agreed. He too asked for the injunction, but the judge in the case was waiting for the SCOTUS to apply it.
The government jumped in to ask for a stay on the KENNEDY injunction (which would be the same as the original) because they were going to appeal if it took place. The issue for them is, the Kennedy case meets the absurd standing requirements that SCOTUS put into place for the case.
Read 6 tweets
Tracy Beanz Profile picture
Jul 22
🧵Princetons Global Consciousness Project

Stay with me for this thread. It’s super interesting and will give you some things to really think about.

Link: noosphere.princeton.edu
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You should read the link, but in short, the scientists at Princeton use random number generators to “map” how human consciousness affects “synchronicity.”
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In other words, the scientists at Princeton have proven that human consciousness affects events and reality. It’s very powerful. So, when a large number of humans are focused on a particular event, their thoughts alone have the power to affect the outcomes.
Read 8 tweets
Tracy Beanz Profile picture
Jul 9
BEAUTIFUL: 🪡Found on Quora: I’m 14 and I feel as if my life is on repeat. I wake up, do school, and nothing else. I have many friends but I just feel like I do nothing. Same thing every day. I also feel like my life is moving way too fast. I don’t feel comfortable. Any help?
Dear heart,
I am 70 now, but I still remember being 14 pretty damn well.
I was a sophomore in high school, studying hard and beginning to party pretty hard as well as I remember it, but mostly reading and studying.
I had only three close friends - I have always been very particular about which people I let into my life - but my best friend and I were very active socially.
Read 20 tweets
Tracy Beanz Profile picture
Jul 9
🧵This is a message to Democrat/Independent Americans. We understand how you feel. Let’s talk human to human. You have been through it the past few weeks. You and I both watched the debate. You saw the condition Joe Biden is in.
The real questions you need to be asking right now, are why didn’t we KNOW this already. Why is this a shock to us? Why hasn’t the media reported this? You are probably shocked and stunned right now at the people who you trusted suddenly turning on the President.
You let these pundits and “journalists” into your HOME every night. You counted on them to tell you what was happening. More importantly you TRUSTED that they WERE.
Read 18 tweets
Tracy Beanz Profile picture
Jul 9
🫣🪡CONTROVERSIAL TAKE: Many conservatives are deeply hurt that the GOP has altered its platform to remove the staunch commitment to life, but few are thinking about the root of the problem.
There aren’t enough people who value life for the platform to be a no brainer. We should tackle that, and IMO, you can’t do it with anger, hatred, yelling, and screaming.
It’s societal. We have spent little time on the root cause, and a far greater amount of time trying to force others to agree. But you CAN NOT force someone who believes that murder is OK and justified to change their mind. Why? Because they have lost sight of who they truly are and the gift they are given each day.
Read 8 tweets
Tracy Beanz Profile picture
Jul 4
In Congress, July 4, 1776

The unanimous Declaration of the thirteen united States of America

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.
That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness
Read 34 tweets

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