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:
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.
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.
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.
This is the judge saying: “I already ruled on this, but we have to do this again because the higher court said so”
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.
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.
This is the warning. “If you don’t respond correctly, Flaherty will be sitting down for a verbal deposition, under oath”
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.
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.
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.
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:
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.
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”
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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.
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I hope my account stays active and I can continue to bring you ACTUAL journalism.
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)
In 2022, 22-year-old Devin Perkins was on his way home from a night out with his girlfriend and 2 other friends. A drunk driver was driving the wrong way on SR44 and plowed into them head-on, killing all but Devin... Devin was just convicted for their deaths.
READ ON
On December 11, 2022 police begin getting calls about a wrong way driver on SR44.
They would receive 2 calls about Tom Petry driving the Tacoma the wrong way before the crash.
After driving the wrong way for 8 miles, the Tacoma strikes Devin's car, killing his passengers instantly. Devin sustains major injuries. The driver of the Tacoma, Tom Petry, flees the scene.
🚨📢There has been a lot of talk lately about childhood vaccines and autism. Few organizations have done more work in this space than @ICANdecide, so let's bring it back to basics that everyone can agree on. Can the @CDCgov say that they DO NOT cause Autism? The answer is NO.
In 2019, ICAN submitted a FOIA to the CDC looking for all of the studies they had relied upon to come to the conclusion that the DTaP vaccine does NOT cause autism, as they claimed on their website.
They did the same thing for other vaccines - HepB, Hib, PCV13, and IPV -- and also asked for proof that the cumulative exposure to these shots during the first 6 months of life DO NOT CAUSE autism, as the CDC claims boldly on their website.
🚨🚨BREAKING: In a huge win for freedom of speech, Judge in Missouri v. Biden rules case to continue with more limited discovery. THREAD:
First a summary of where we are: After the SCOTUS remanded the case back to the district court for further proceedings, the judge asked the parties to brief him on whether the case should continue given the standing requirement leveled by SCOTUS.
I would also like to bring attention to his choice of words here, because, talk about a bit of a troll -- "burdened by what has been..."
🧵🚨Suddenly, the owner of the Washington Post, Jeff Bezos, acknowledges that the American people don't trust the media. But don't get it twisted. He isn't worried that the media isn't telling the American people the truth. (Read More)
He isn't worried that it has become a propaganda arm of the US intelligence apparatus. He isn't troubled that the media legitimately lies to the people over and over and over again—he is troubled that the people are getting their information from outside sources that are not those things. You need to look no further than the last two paragraphs of the piece he just published in his own paper to see it.
Oh, Jeff. Jeff, Jeff, Jeff. Where to begin? Here's the deal—the reason the Washington Post has lost its chutzpah is a function of those things. It is because, for years, you have acted as an ideological propaganda rag and a tool of the now familiar "deep state" in this country. Your "newspaper" lacks total credibility and has no customers because of the podcasts you chide in your piece as disinformation.
🧵A small-town Kentucky sheriff shot a judge inside of his chambers last Thursday. It seemed like an absolutely crazy act of random violence, but there seems to be more going on here. cnn.com/2024/09/20/us/…
The sheriff in question (Shawn "Mickey" Stines) wasn't only the towns sheriff, but also served as the judges bailiff for years before being elected.
Stines was named in a lawsuit filed against another deputy named Ben Fields. Sabrina Adkins (the other Plaintiff passed away) alleges that when Fields was assigned as her home incarceration supervisor, he extorted her for sexual favors.
🧵🧵Last week you may have seen the story about a small-town Sheriff who murdered the town's only judge while they were in his chambers. But there is more to this story, as there always is.
Sheriff Shawn Stines shot Judge Kevin Mullins inside of his chambers. CNN reports the police report states they had an argument. Stines had been sheriff for 8 years, and before that was the bailiff for this judge. They knew each other well.
There were some reports/rumors that the judge had raped the sheriffs daughter, and that it was captured on camera they had exchanged phones. The problem with that, is that I have been able to verify there likely are not cameras in chambers, using court documents and other reporting.