[House Hearing, 118 Congress] [From the U.S. Government Publishing Office] HEARING ON THE WEAPONIZATION OF THE FEDERAL GOVERNMENT ======================================================================= HEARING BEFORE THE SELECT SUBCOMMITTEE ON THE WEAPONIZATION OF THE FEDERAL GOVERNMENT OF THE COMMITTEE ON THE JUDICIARY U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED EIGHTEENTH CONGRESS FIRST SESSION __________ THURSDAY, MARCH 30, 2023 __________ Serial No. 118-13 __________ Printed for the use of the Committee on the Judiciary [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] Available via: http://judiciary.house.gov __________ U.S. GOVERNMENT PUBLISHING OFFICE 51-876 WASHINGTON : 2023 ----------------------------------------------------------------------------------- COMMITTEE ON THE JUDICIARY JIM JORDAN, Ohio, Chair DARRELL ISSA, California JERROLD NADLER, New York, Ranking KEN BUCK, Colorado Member MATT GAETZ, Florida ZOE LOFGREN, California MIKE JOHNSON, Louisiana SHEILA JACKSON LEE, Texas ANDY BIGGS, Arizona STEVE COHEN, Tennessee TOM McCLINTOCK, California HENRY C. ``HANK'' JOHNSON, Jr., TOM TIFFANY, Wisconsin Georgia THOMAS MASSIE, Kentucky ADAM SCHIFF, California CHIP ROY, Texas DAVID N. CICILLINE, Rhode Island DAN BISHOP, North Carolina ERIC SWALWELL, California VICTORIA SPARTZ, Indiana TED LIEU, California SCOTT FITZGERALD, Wisconsin PRAMILA JAYAPAL, Washington CLIFF BENTZ, Oregon J. LUIS CORREA, California BEN CLINE, Virginia MARY GAY SCANLON, Pennsylvania LANCE GOODEN, Texas JOE NEGUSE, Colorado JEFF VAN DREW, New Jersey LUCY McBATH, Georgia TROY NEHLS, Texas MADELEINE DEAN, Pennsylvania BARRY MOORE, Alabama VERONICA ESCOBAR, Texas KEVIN KILEY, California DEBORAH ROSS, North Carolina HARRIET HAGEMAN, Wyoming CORI BUSH, Missouri NATHANIEL MORAN, Texas GLENN IVEY, Maryland LAUREL LEE, Florida WESLEY HUNT, Texas RUSSELL FRY, South Carolina ------ SELECT SUBCOMMITTEE ON THE WEAPONIZATION OF THE FEDERAL GOVERNMENT JIM JORDAN, Ohio, Chair DARRELL ISSA, California STACEY PLASKETT, Virgin Islands, THOMAS MASSIE, Kentucky Ranking Member CHRIS STEWART, Utah STEPHEN LYNCH, Massachusetts ELISE M. STEFANIK, New York LINDA SANCHEZ, California MATT GAETZ, Florida DEBBIE WASSERMAN SCHULTZ, Florida MIKE JOHNSON, Louisiana GERRY CONNOLLY, Virginia KELLY ARMSTRONG, North Dakota JOHN GARAMENDI, California W. GREGORY STEUBE, Florida COLIN ALLRED, Texas DAN BISHOP, North Carolina SYLVIA GARCIA, Texas KAT CAMMACK, Florida DAN GOLDMAN, New York HARRIET HAGEMAN, Wyoming CHRISTOPHER HIXON, Majority Staff Director CAROLINE NABITY, Chief Counsel for Oversight AMY RUTKIN, Minority Staff Director & Chief of Staff CHRISTINA CALCE, Minority Chief Oversight Counsel C O N T E N T S ---------- Thursday, March 30, 2023 Page OPENING STATEMENTS The Honorable Jim Jordan, Chair of the Select Subcommittee on the Weaponization of the Federal Government from the State of Ohio. 1 The Honorable Stacey Plaskett, Ranking Member of the Select Subcommittee on the Weaponization of the Federal Government from the Virgin Islands........................................ 3 WITNESSES The Honorable Eric Schmitt, Senator, U.S. Senate, Missouri Oral Testimony................................................. 6 Prepared Testimony............................................. 9 The Honorable Jeff Landry, Attorney General, Louisiana Oral Testimony................................................. 15 Prepared Testimony............................................. 17 John Sauer, Special Assistant Attorney General, Louisiana Department of Justice Oral Testimony................................................. 42 Prepared Testimony............................................. 45 Supplemental Material.......................................... 75 Matthew Seligman, Professor, Constitution Law Center, Stanford University Oral Testimony................................................. 76 Prepared Testimony............................................. 78 LETTERS, STATEMENTS, ETC. SUBMITTED FOR THE HEARING All materials submitted for the record by the Select Subcommittee on the Weaponization of the Federal Government are listed below 133 An article entitled, ``Trump Says the Justice System Has Been Weaponized. He Would Know,'' Mar. 29, 2023, The New York Times, submitted by the Honorable Stacey Plaskett, Ranking Member of the Select Subcommittee on the Weaponization of the Federal Government from the Virgin Islands, for the record A National Terrorism Advisory System Bulletin, Department of Homeland Security, submitted by the Honorable Stephen Lynch, Massachusetts, a Member of the Select Subcommittee on the Weaponization of the Federal Government from the State of Massachusetts, for the record A letter by Louisiana Attorney General Jeff Landry, January 12, 2021, submitted the Honorable Mike Johnson, a Member of the Select Subcommittee on the Weaponization of the Federal Government from the State of Louisiana, for the record Definition of salacious, submitted by the Honorable Linda Sanchez, a Member of the Select Subcommittee on the Weaponization of the Federal Government from the State of California, for the record An official State email for John Sauer, Special Assistant Attorney General, Louisiana Department of Justice, submitted by the Honorable Debbie Wasserman Schultz, a Member of the Select Subcommittee on the Weaponization of the Federal Government from the State of Florida, for the record Materials submitted by the Honorable Sylvia Garcia, a Member of the Select Subcommittee on the Weaponization of the Federal Government from the State of Texas, for the record An article entitled, ``In This Texas County, There's No Such Thing as Moving on From COVID-19,'' Mar. 15, 2023, Time Magazine An article entitled, ``Do face masks work? Here are 49 scientific studies that explain why they do,'' Dec. 23, 2021, KXAN An article entitled, ``How Trump's denial and mismanagement led to the Covid pandemic's dark winter,'' Dec. 19, 2020, Washington Post An article entitled, ``The great Texas COVID tragedy,'' Oct. 20, 2022, PLOS Global Public Health APPENDIX Statement by the Honorable Gerry Connolly, a Member of the Select Subcommittee on the Weaponization of the Federal Government from the State of Virginia, for the record QUESTIONS AND RESPONSES FOR THE RECORD Questions to Matthew Seligman, Professor, Constitution Law Center, Stanford University, submitted by the Honorable Dan Bishop, a Member of the Select Subcommittee on the Weaponization of the Federal Government from the State of North Carolina, for the record VOTES RC #1--Vote on Motion to Adjourn--failed 7-12 RC #2--Vote on Motion to Table the Motion to Subpoena, offered by Ms. Wasserman Schultz--passed 10-7 HEARING ON WEAPONIZATION OF THE FEDERAL GOVERNMENT ---------- Thursday, March 30, 2023 House of Representatives Select Subcommittee on the Weaponization of the Federal Government Committee on the Judiciary Washington, DC The Subcommittee met, pursuant to notice, at 9:04 a.m., in Room 2141, Rayburn House Office Building, Hon. Jim Jordan [Chair of the Subcommittee] presiding. Present: Representatives Jordan, Issa, Massie, Stewart, Stefanik, Gaetz, Johnson, Armstrong, Steube, Bishop, Cammack, Hageman, Plaskett, Lynch, Sanchez, Wasserman Schultz, Connolly, Garamendi, Allred, Garcia, and Goldman. Chair Jordan. The Subcommittee will come to order. Without objection, the Chair is authorized to declare a recess at any time. We welcome everyone to today's hearing on the Weaponization of the Federal government. We, particularly, want to welcome back our friend and colleague Mr. Steube from the great State of Florida. Good to see him healthy and strong and back working with us. We would ask if Mr. Steube would lead us in the Pledge of Allegiance. All. I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation, under God, indivisible, with liberty and justice for all. Chair Jordan. Thank you, Mr. Steube. The Chair now recognizes himself for an opening statement. Twenty-two days ago, Republicans on this Committee released a report showing the Federal Trade Commission sent 12 letters to Twitter in a three-month time span. It happened to be the three-month time that Mr. Musk had purchased the company. In the first letter, after the first Twitter files, the first question was, who are the journalists you were talking to? Actually, named four journalists personally. Two of those four journalists testified the very next day, three weeks ago today, they testified that day in front of this Committee-- Michael Shellenberger and Matt Taibbi--right here in this room. In that hearing, Democrats asked them to reveal their sources. There's another thing that happened during that hearing. While Mr. Taibbi was testifying, the Internal Revenue Service paid a visit to his home; left a note on his door saying: We'll be back in touch with you next week. That all happened. That all happened. Then we learned at the same time--excuse me. Certainly, it appears that--we still do not have the answers from the IRS about that unlikely coincidence. It certainly appears to be just the latest example of the weaponization of the Federal government against the American people. It shows the need for this Subcommittee and its work to proceed no matter how robust the opposition. Today's hearing is so important and builds on our prior work related to government-induced censorship. It was interesting, in the first hearing, we had Mr. Turley--by the way, not a Republican--Mr. Turley, who talked about censorship by surrogate. In our hearing three weeks ago, we had two journalists--again, not Republicans--talk about the Censorship Industrial Complex. Today, Senator Schmitt and Attorney General Landry--I read through their written testimony last night--they talk about the vast censorship enterprise. The key word in all three is the word ``censorship'' because that is exactly what's going on. Today's hearing provides an opportunity to bring to light evidence from within the Federal government and Federal agencies that have driven much of this censorship. This evidence comes from the litigation efforts of Missouri and Louisiana against the Federal government. The States' lawyers in those cases are here to testify before us today. Within days of taking office, the Biden White House was already pressuring Big Tech to suppress free speech. The censor's goal is simple: Limit what Americans can see. Limit what Americans can say, which is a direct assault on the right to free speech that is protected by the First Amendment. The censor is bully Big Tech to get them to do the government's bidding, and Big Tech has all too often agreed to collude with the government and facilitate the censorship agenda. In this country, the government does not get to pick what viewpoints are right, what issues we discuss, or what we believe, but that is exactly what the White House and the agencies as varied as the CDC and the FBI have done. Their censorship has extended to speech on critically important topics, like how best to respond to COVID-19 and even to elections themselves. That kind of speech is at the heart of a free country and our Republic. The amount of content censored has been staggering. One nonprofit that is part of the Censorship Industrial Complex has boasted that 35 percent of the pages it flagged for social media companies were either labeled, removed, or soft-blocked. Perhaps even worse is the scope of the censorship. The government no longer pretends that censorship is limited to foreign disinformation or even domestic misinformation. Instead, censorship extends to the so-called mal-information; in other words, true information that is supposedly misleading and conflicts with the censor's preferred narrative. That is the most dangerous and, frankly, the most frightening thing of all. Censorship isn't about truth; it's about power. The evidence from this litigation shows the need for this Subcommittee's work investigating the entirety of the Censorship Industrial Complex. The Federal government is at fault, but it also should be able to weaponize nongovernment actors--it should not be able to weaponize nongovernment actors to work on its behalf to advance censorship. This Subcommittee must investigate the extent of what has happened here, and we must protect the American people from it happening again. Already this Subcommittee has requested related documents from the Federal agencies, Big Tech companies, and their intermediaries that make up this complex, this vast censorship enterprise. This important work must continue so that the American people learn what their government has done to them and that this Congress can take action to ensure that it doesn't happen again. The Chair now recognizes the Ranking Member, the gentlewoman from the Virgin Islands, Ms. Plaskett, for her opening statement. Ms. Plaskett. Thank you, Mr. Chair, and good morning to everyone. On Monday, multiple people, including three children, lost their lives to violence, gun violence in Nashville, Tennessee. This week a Federal grand jury and a judge, a Federal judge had to force Trump officials to testify concerning their possible involvement and what they knew regarding the violence and death in the riot and insurrection attempt on our Capitol from January 6, 2021. The debt ceiling is looming over the American economy, and Speaker McCarthy and the Republican Conference are holding the debt hostage right now. We're holding a hearing on what? Missouri v. Biden and some alleged deep State effort to censor Conservatives online. That allegation is nonsense. As we have discussed extensively in the hearings, as the Chair has said before, social media companies, deep-pocket private companies, social media companies actually amplify Conservative voices. They do less to center those voices. Everyone here should be alarmed when that amplification pushes out false and dangerous narratives: False narratives such as January 6th being a deep State effort, false narratives, such as, COVID vaccines somehow do harm, false narratives suggesting that President Trump won the election. In fact, that's the real reason we're here. Republicans know that these are false narratives, and they know that Americans know the truth. So, they are grasping for a way to spin the truth. How do you do that? You tell an untruth, a lie, misinformation, over and over and over and over and over again, and eventually people believe it. Some people right here in this audience believe it. Mr. Chair, thank you for calling this hearing because I am actually eager to speak to the witnesses that we have here. Mr. Seligman, you are a renowned lawyer, legal scholar, and expert on election law and disinformation. I'm eager to hear from you on exactly how disinformation harms our democracy. Part of the reason I'm interested in that is because of the other witnesses that are here. Senator Eric Schmitt, you are a U.S. Senator. You signed a statement defending Trump's indefensible campaign to stop social media from fact-checking election fraud falsehoods when Trump complained about censorship; served as the Vice Chair of the Republican Attorneys General Association while its fundraising arm made robo calls urging the march on the Capitol the day before the deadly January 6th insurrection. You also, sir, signed a brief in support of a Texas lawsuit seeking to invalidate electoral votes in the hopes of reversing the results of Presidential elections. I don't even how the time to go into some of the things that you did while you were attorney general; theories that you have with regard to the Great Replacement Theory, and other things of that nature. Mr. Sauer, you, as well, now serve as Missouri's Deputy Attorney General for special litigation. You have sought to silence people with disabilities from participating in legal cases about COVID-19 mask mandates. You've opposed LGBTQ rights on numerous occasions. As recently as 2015, you opposed same- sex marriages; in a brief in 2021, opposing the President's Executive Order redefining sexual discrimination. Mr. Attorney General, Mr. Landry, congratulations on your bid for Governor of Louisiana. You refused to join 50 other attorney generals in condemning the insurrection of January 6th and, in your own separate letter, tried to equate that insurrection, that one violent day, with the Black Lives Matter protests of 2020: 7,750 demonstrations took place over the summer, and 93 percent of those were peaceful. One day, January 6th. Yes, yes, yes, 93 percent were peaceful. One day on January 6th was devastating to our democracy. You've also denied climate change. So, I would like to speak to these individuals who are here but maybe for a different reason. We are here to talk about the weaponization of the Federal government when the greatest weaponizer has been Donald Trump. Yesterday, The New York Times--I know it's not everyone in here's favorite paper, but I'd like to submit this, I have a motion to submit this into the record. Chair Jordan. Without objection. Ms. Plaskett. Thank you. The article was on March 29, 2023, and it says: ``Trump says the justice system has been weaponized.'' He would know. Yes, he would. Why would he know? In that article, it lists instances of his attempts to weaponize the Federal government when he was President in the words of his own people. Quote: He was always telling me that we need to use the FBI and the IRS to go after people. It was constant and obsessive, and it's just what he's claiming is being done to him now. said John F. Kelly, Mr. Trump's White House Chief of Staff. I would tell him why it was wrong. And, while I was there, I did everything I could to steer him away from it and tell him why it was a bad idea. Mr. Kelly said, I thought we were successful, but he would often ask a lot of people to do a lot of things that he didn't want to do himself in the hopes that someone would do it, and he would claim that he did nothing wrong. That's the twice-impeached former President Donald Trump's Chief of Staff speaking. So, don't tell me he didn't weaponize the government. I don't think we're going to be investigating that, however. Mr. Chair, I know that you and my Republican colleagues believe that Mr. Trump is still the leader of the Republican Party. Unfortunately, you're following his example and attempting to weaponize Congress. [Slide.] Last weekend President Trump posted the message that's on the screen right now--thank you: What kind of person can charge another person, in this case a former President of the United States, who got more votes than any sitting President in history, and leading candidate (by far!) for the Republican Party nomination, with a Crime, when it is known by all that NO Crime has been committed, and also known that potential death and destruction in such a false charge could be catastrophic for our Country? Why and who would do such a thing? Only a degenerate psychopath that truely [sic] hates the USA! He threatened death and destruction if an independent State-level, duly elected prosecutor took action against him. Now, Mr. Chair was asked about this post previously, and his response was that he needed his glasses to read it. I hope that he and all my colleagues can see it now up there on the screen. Mr. Chair, you and other Members of this body--have sent multiple letters in your capacity as Chair to seek to interfere in the investigation of the President by a duly elected State representative and demanding that District Attorney Bragg appear for a transcribed interview in a matter that is under criminal investigation. That is not appropriate. That is not what this Congress is supposed to be about. That is an abuse of the power of this body, of this Committee, and that is the weaponization of Congress. Plain and simple. The real question before us today is: Why are the Chair and others, why are Congressional Republicans doing the President's dirty work? That's what we should be investigating, not chasing politically motivated theories that have already been shown to be baseless. I yield back. Chair Jordan. The gentlelady yields back. Without objection, all other opening statements will be included in the record. We will now introduce today's witnesses. We first have The Honorable Eric Schmitt. Senator Schmitt represents the great State of Missouri in the U.S. Senate. Before his election to the Senate in 2022, Senator Schmitt served as the Missouri Attorney General and the Treasurer of that State. The Honorable Jeff Landry, a former colleague of ours, Jeff Landry serves as the Attorney General of Louisiana, a post he has held since 2016. Prior to serving as the Attorney General, he represented Louisiana's Third Congressional District here in the U.S. House of Representatives. Mr. John Sauer is a Special Assistant Attorney General for the Louisiana Department of Justice. He previously served as Deputy Attorney General for the special litigation with the Missouri Attorney General's Office and Solicitor General of Missouri. He clerked for Judge Michael Luttig and Justice Antonin Scalia. Then, Matthew Seligman is a nonresident fellow at the Constitutional Law Center at Stanford Law School. His research focuses on election law, constitutional law, Federal courts, contracts, and private law theory. He clerked for Judge Douglas Ginsberg. We welcome our witnesses today and thank them for appearing. We will begin by swearing you in. Would you please rise and raise your right hand. Do you swear or affirm under penalty of perjury that the testimony you are about to give is true and correct to the best of your knowledge, information, and belief, so help you God? Let the record show that each of the witnesses answered in the affirmative. Please know that your written testimony will be entered in the record in its entirety. Accordingly, we ask that you summarize your testimony in five minutes. We'll give a few more minutes, of course, to Senator Schmitt and Attorney General Landry, as has been the courtesy or has been the custom of this Committee. We'll start with Senator Schmitt. You know how it works here with the lights. Senator, you go, but like I said, we'll give you a little extra time there. We appreciate your service to our country and your State, and we appreciate you being here today. You are now recognized Senator Schmitt. STATEMENT OF THE HONORABLE ERIC SCHMITT Senator Schmitt. Thank you. Chair Jordan, Ranking Member Plaskett, and Members of the Select Subcommittee, thank you for the opportunity to be here today to discuss this important issue. The First Amendment is the beating heart of our Constitution. The First Amendment is integral to maintaining our Republican form of government and the belief that we are a country of free people, not oppressive government. The Biden Administration has led the largest speech censorship operation in recent American history. Since taking office, President Biden and his team have labored to suppress viewpoints with which they disagree. In doing so, they have infringed upon the individual freedoms of millions of Americans. No matter what your political affiliation is, government censorship should concern everyone. The Biden Administration has coerced, cajoled, and colluded with social media companies to censor disfavored speech. The Biden team has publicly threatened social media companies from removing legal protections--with removing legal protections, blamed social media companies for societal problems, accused social media companies of killing people. These social media companies, some of the biggest companies in the history of the world, willingly took part in this Orwellian vast censorship enterprise. On multiple occasions, President Biden and his team have threatened to punish social media companies that did not sufficiently censor Biden's political opposition by revoking Section 230. Biden suggested Facebook CEO Mark Zuckerberg should be subject to civil liability and potential criminal prosecution for not censoring political speech. President Biden also repeatedly accused social media companies of, quote, ``killing people by not censoring enough disfavored speech.'' The Biden Administration has threatened and attacked social media companies so that those social media companies would censor speech the Biden Administration dislikes. Until the Missouri v. Biden lawsuit and later the Twitter Files, the Biden Administration's efforts to pressure and collude with social media companies was behind the scenes through meetings and emails and was unknown. On behalf of Missouri and Louisiana, I was proud to join with General Landry to sue the Biden Administration for violating the First Amendment through this vast censorship enterprise. This lawsuit alleges the Biden Administration, including President Biden himself, and Members of his team pressured and colluded with social media giants to censor free speech in the name of combating so-called disinformation and misinformation, which led to the suppression and censorship of truthful information on a scale never seen before. The lawsuit provides example after example of truthful information that was censored by social media companies that were admitted at a later date to be truthful or credible, including the Hunter Biden laptop story, the COVID-19 lab-leak story theory, and the efficacy of masks. Discovery obtained by Missouri and Louisiana demonstrated the Biden Administration's coordination with social media companies and collusion with nonprofits to censor speech was far more pervasive and destructive than ever known. Documents reveal multiple White House officials, from the former Press Secretary to the Digital Director, relentlessly pressuring social media companies to remove specific posts or accounts or expand censorship practices. The White House wanted posts censored from FOX News host Tucker Carlson, even though Facebook found that the content did not violate its policies. The White House also asked for unfavorable news to be put, quote, `` . . . in context with specific talking points, along with amplification of Biden Administration messaging and FAQs.'' Missouri and Louisiana also deposed Dr. Anthony Fauci. This deposition showed that, when Dr. Fauci spoke, Big Tech censored. For example, Dr. Fauci was aware early in the pandemic that his agency had funded dangerous gain-of-function research on the coronavirus at the Wuhan Institute of Virology. He sought to discredit and suppress the theory that COVID-19 leaked from a lab to deflect blame and avoid potential responsibility for the pandemic. In his deposition, Dr. Fauci claimed 174 times that he could not recall, including about critical details related to gain-of-function research and other issues associated with the lab-leak theory and the government's response to the pandemic. Because of Dr. Fauci's influence, social media platforms censored the lab-leak theory and other COVID-19 viewpoints that Dr. Fauci and his cabal of experts disfavored. Missouri and Louisiana also deposed the FBI agent about the Hunter Biden laptop story. This deposition and relevant documents reveal that the FBI deliberately planted false information about hack and leak operations in advance of the Hunter Biden laptop story coming out to deceive social media platforms into censoring the Hunter Biden laptop story. The FBI also flagged social media accounts for censorship on a monthly basis, and have an estimated 50 percent success rate in getting reported disinformation removed or censored. The Missouri v. Biden lawsuit also obtained documents revealing that multiple Federal agencies have pressured and colluded with Big Tech or social media companies to flag and censor large number of accounts and posts, especially related to public health and elections. The Federal government has even created public-private partnerships to expand its censorship reach. Without the Missouri v. Biden lawsuit and the subsequent disclosures in the Twitter Files, Americans would have never known about the Biden Administration's coordination, collusion, and coercion to censor speech. President Biden and his Administration may lust for its own ministry of truth, but I along with millions of Americans will never stop fighting for the God-given right to speak your mind, freedom of expression, and freedom of speech. Americans have enshrined the First Amendment in our Constitution more than 230 years ago for good reason and for times such as these. We cannot allow the Biden Administration to infringe upon the freedoms that we cherish and that had been purchased by the sacrifice of millions of Americans. Freedom of speech is vital to our country and our people; in many ways, it's our pressure release valve. We must stop the Biden Administration's threat to free speech so that America can remain the freest country in the history of the world. Thank you, Mr. Chair. [The prepared statement of the Honorable Senator Schmitt follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chair Jordan. Thank you, Senator. I appreciate that. Mr. Attorney General, you are recognized for your five minutes. STATEMENT OF THE HONORABLE JEFF LANDRY Mr. Landry. Good morning. Thank you, Chair Jordan, Ranking Member Plaskett, and the distinguished Members of this Select Subcommittee. Mr. Chair, I would ask if I could correct the record quickly. Ms. Plaskett fails to recognize that I submitted a letter on my own condemning all violence, all political violence, and urged my colleagues to do the same. Since I would remind everyone that violence throughout that past year had inflicted a lot of damage on other Federal buildings as well. Ms. Plaskett. That's not a correction-- Mr. Landry. So, I would like to submit that letter for the record. Voice. The gentlelady is out of order. Ms. Plaskett. That's not a correction. I said he refused to join the-- Chair Jordan. The gentlelady has not been recognized. The time belongs to the Attorney General from the State of Louisiana. Mr. Landry, you can proceed. Mr. Landry. Thank you, Mr. Chair. I'm grateful for the opportunity to join Congress today, along with my former colleague and now U.S. Senator Schmitt from Missouri and Mr. Sauer to discuss the findings of our Federal government censorship case, Louisiana and Missouri v. Biden. Since I was sworn in as the Attorney General in 2016, I have been ringing alarm bells about Big Tech. In fact, in 2018, I led a bipartisan discussion of attorney generals about the dangers that I saw regarding Big Tech. It was a bipartisan, multi-State coalition. Back then, the big story was the election of President Trump, and some were quick to blame social media platforms, especially Facebook, for enabling fake news to spread. Then, social media was actively used to tip the scales in President Biden's favor in 2020 by censoring real news such as the Hunter Biden laptop story, among others. Despite all of this, Federal agencies have been allowed to co- op these private companies and use social media platforms to infringe upon the First Amendment rights of Americans. [Slide.] Let's look at the COVID-19 pandemic. During that time, Facebook had close to three billion users worldwide with roughly 124 million in the U.S. alone. In 2021, 66 percent of U.S. adults used Facebook while 23 percent used Instagram. Over 500 million tweets were posted daily during the pandemic by more than 340 million users on Twitter. On YouTube, roughly, 500 hours of video content were uploaded every minute with more than four billion hours of video viewed each month. More than 72 percent of U.S. adults used the platform. Why is this important? Because our lawsuit has uncovered a censorship enterprise that spans numerous government institutions and all major social media platforms. That censorship enterprise has been widely successful in achieving its goals. White House Director of Digital Strategy Robert Flaherty was impressed when YouTube reported their success in reducing watch time of borderline content by 70 percent. This is what we found in our case. The FBI claims a success rate of 50 percent in getting platforms to censor content flagged as misinformation. The election integrity partnership now known as the virology project bragged that four major platforms, they worked with all had high response rates, and that 35 percent of URL shared with Facebook, Instagram, Twitter, TikTok, and YouTube were either labeled, removed, or soft-blocked. As a result of this collusion between social media companies and the CDC, NIH, NIAID, American citizens, scientists, and journalists were shadow-banned, censored, silenced, and deplatformed for their valid concern about lockdowns, masks, COVID vaccines, and more. Robert Kennedy, Jr., the nephew of a President, the son of the former U.S. Attorney General of this country, the nephew of a distinguished U.S. Senator, who by the way was a Democrat, was censored. Tucker Carlson, who hosted the top-rated prime- time television news, was also censored, as so were millions of Americans while deceitful and manipulative voices like Dr. Anthony Fauci were elevated. This censorship enterprise knows no bounds. It's not limited in scope to COVID-19 or elections. Yet, many of the Committee Members will sit here today and say, what can we do? I say bring the Federal government to heel. No one in this Chamber, no one in this Chamber, on both sides of the aisle, should be opposed to that. I applaud this body's efforts and the Chair for passing The Protecting Speech and Government Interference Act. However, I would offer that it just doesn't go far enough. I would ask those on the left to join in making it tougher. The time has come when we must hold Federal employees, contractors, and Federal actors accountable by terminating both their jobs and their retirement for violating the First Amendment of American citizens. If they participate in violating American citizens' First Amendment rights and that's what a court finds, then those are the penalties that should be imposed. This Chamber should also draft legislation that will open the pathway for legal liability for such conduct so that American citizens have a right of action against their own government in protecting their--and I will repeat ``their''-- First Amendment rights. There must be a penalty, or this problem will never be solved. If you would like to understand exactly how bad this problem has become, I invite you to read our satirical pamphlet, ``The Censorship Enterprise: The Future is Now,'' which is basically the Federal government's guide to limiting disfavored speech. If you're not disturbed by that document, you are either complicit or contributing to the problem. Know that the State of Louisiana and Missouri are fighting back against this vast government censorship in our Federal courts today. Thank you, Mr. Chair. [The prepared statement of the Honorable Landry follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chair Jordan. Thank you, Attorney General Landry. We appreciate your coming here and testifying today as well. Senator Schmitt, we'll let you move on to your other responsibilities, and we'll get back to our next witnesses. Thank you both for your leadership. Mr. Lynch. A point of order, Mr. Chair. Senator Schmitt. Thank you. Chair Jordan. The gentleman is recognized for a point of order. If he will State his point of order. Mr. Lynch. Mr. Chair, these witnesses are being dismissed without the ability to cross-examine their statements. They have made some outlandish allegations here. Consistent with the work of this Committee, especially this Select Committee, and Congressional hearings in general, we should have the ability to question their statements. Chair Jordan. Yes, it is a longstanding practice of the Committee to, when you have our colleagues from the other side of the aisle and other officials, to let them testify and-- Mr. Lynch. No, no, no, no, no. These witnesses--Mr. Chair, these witnesses were direct witnesses to the cases that they brought. When we bring in our colleagues from the Senate and other colleagues from the House, we extend them a courtesy. Many times, we do not even swear them; we do not require them to take an oath. We allow their testimony in a ceremonial or in a nonsubstantive way. These two witnesses have just presented evidence that I think in part is false. I would like the opportunity to cross- examine those witnesses. If this-- Chair Jordan. Those witnesses aren't here-- Mr. Johnson of Louisiana. Mr. Chair, a point of order-- Chair Jordan. You will get a chance to cross-examine Mr. Sauer. You have not-- Mr. Lynch. Reclaiming my-- Chair Jordan. --point of order here. I will recognize the gentleman from Louisiana. Mr. Johnson of Louisiana. Mr. Chair, isn't it true that, even in recent-- Mr. Lynch. Reclaiming my time. Mr. Johnson of Louisiana. No. You are not recognized, sir. Isn't it true that even in-- Mr. Lynch. Yes, I am. I was recognized. He did recognize me. Chair Jordan. A point of order, I am now recognizing Mr. Johnson because you are not stating your point of order any longer; you are making a speech. Mr. Johnson of Louisiana. My point of order, Mr. Chair, is to recall--isn't it true that, in recent days, even colleagues like Congressman Jamie Raskin presented testimony that was pretty salacious and was allowed to leave the room, and we were not allowed to cross-examine him, too? Isn't that true? Ms. Wasserman Schultz. Mr. Chair, in response to the gentleman-- Chair Jordan. The Committee will abide by the custom of the House-- Ms. Sanchez. A point of order. Salacious has to do with sexual content, and I don't think that our colleague, Mr. Raskin, presented salacious comment. I would ask that-- Mr. Johnson of Louisiana. Well, let's call it outrageous then. I'll use the same term that my colleague did. Ms. Sanchez. I ask that word be taken down because it's false. Chair Jordan. I think the-- Ms. Sanchez. Debate on-- Chair Jordan. The gentleman from Louisiana-- Ms. Wasserman Schultz. Mr. Chair-- Chair Jordan. The gentleman from Louisiana said it was not salacious; it was outrageous. He changed the term. We will now get to-- Ms. Wasserman Schultz. Mr. Chair, in debate on the point of order, please. The phrase-- Chair Jordan. The gentlelady from Florida is recognized. Ms. Wasserman Schultz. Thank you very much. The Attorney General is not--Mr. Landry is not a Member of Congress, is not extended--entitled to an extension of courtesy that we give to some of our colleagues or even former colleagues. He is the Attorney General-- Chair Jordan. We extended the same--I would just say to the gentlelady from Florida, we extended the same courtesy to Attorney General Landry, former Member of the United States Congress-- Ms. Wasserman Schultz. Mr. Raskin was a Member-- Chair Jordan. --that we extended to Tulsi Gabbard, former Member of the United States Congress-- Ms. Wasserman Schultz. That was a Member panel. Mr. Chair? Chair Jordan. The Chair now recognizes Mr. Sauer for his five minutes of testimony. Mr. Lynch. Mr. Chair, on the point of order. At least if we're not going to have the ability to cross-examine, I would move that we move to strike the testimony provided by Senator Schmitt and Attorney General Landry. If we're not going to observe-- Mr. Johnson of Louisiana. Do you mean you want to censor it? Do you want to censor their testimony. Mr. Lynch. I want to strike it. I want to strike it. I want to strike it. If we aren't able to probe the veracity of their statements, the truthfulness of their statements-- Chair Jordan. You will be given your five minutes here when we get to the five-minutes of questioning. I have-- Ms. Wasserman Schultz. I understand that. Mr. Lynch. They're not here. Chair Jordan. Be able to-- Mr. Lynch. They have scurried away with your complicity. They refused to defend-- Chair Jordan. They have not scurried away. They were-- Mr. Lynch. In a country of 330 million-- Chair Jordan. Dismissed like all witnesses. The Chair recognizes Mr. Sauer for his five minutes of testimony. Mr. Lynch. --you couldn't find two people to defend their statements. That's pretty disgraceful. Chair Jordan. Mr. Sauer, you are recognized. Ms. Sanchez. If allowing them to leave is not weaponization, I don't know what is, Mr. Chair-- Chair Jordan. Oh, yes, yes, right. Mr. Johnson of Louisiana. Thank you all for illustrating our point. Thank you. Ms. Sanchez. --at least the power of weaponization. Chair Jordan. The gentleman may proceed. Mr. Sauer. Mr. Chair, Ranking Member Plaskett-- Mr. Lynch. Mr. Chair, I move to adjourn. I move to adjourn. I move to adjourn. Mr. Johnson of Louisiana. The gentleman is not recognized. Mr. Lynch. This is mockery and a disgrace. It is shameful that the-- Chair Jordan. The gentleman, Mr. Sauer, is recognized for hisfive minutes of testimony. Mr. Lynch. There's a motion on the floor to adjourn. Ms. Wasserman Schultz. Motion to adjourn. Mr. Lynch. It is not debatable. Ms. Wasserman Schultz. It's not debatable. Mr. Lynch. If you don't know the rules of the Committee, then talk to your parliamentarian. Chair Jordan. Well, you were recognized for your motion. Mr. Johnson of Louisiana. Nor are you following the rules of the Committee. Chair Jordan. Mr. Sauer is recognized for five minutes. Mr. Johnson of Louisiana. You can't speak out of order. Ms. Plaskett. What are you doing? What are doing? You are out of order. Chair Jordan. Mr. Sauer, you can proceed. Ms. Plaskett. Your-- STATEMENT OF JOHN SAUER Mr. Sauer. Mr. Chair, Ranking Member Plaskett, and Members of the Subcommittee, imagine a world where White House officials email The New York Times' editorial board when the paper runs a story criticizing the President. They abuse the paper in profane language and demand that it immediately pulls the offending story from its website while the White House publicly threatens devastating legal consequences if the paper doesn't comply, and it does. Imagine a world where the FBI every month sends all the major booksellers in the United States an encrypted list of the books that the FBI wants them to pull from their shelves that month and burn, and the booksellers comply by burning at least half of those books. Ms. Garcia. Out of order. Mr. Sauer. Imagine a world where a Federal National Security Agency teams up with a major research university to establish a mass surveillance program of ordinary Americans' political thoughts and opinions. They use swarms of analysts and cutting-edge technology to monitor hundreds of millions of domestic political communications in real time and covertly censor millions of them. These three scenarios do not come from a hypothetical dystopian future. The first two are very similar to what Federal officials are doing with social media platforms now. The third scenario is not hypothetical at all. That mass surveillance and mass censorship program started operating in 2020. Last July, the plaintiffs in Louisiana and Missouri v. Biden received a limited discovery of communications about censorship between Federal officials and social media platforms. What we obtained was astonishing, staggering, and horrifying. A veritable army of Federal officials, pressures, threatens, coerces, colludes with, demands, and deceives social media platforms to censor online speech. Our evidence shows White House officials badgering social media platforms in private to censor speech that contradicts the White House's preferred narratives while the President publicly accuses them of, quote, ``killing people by not censoring enough of ordinary American speech.'' The President's spokespeople raised the specter of crippling legal consequences if they don't comply. One major platform responds to White House demands by assuring them: ``We hear your call to do more.'' It scrambles the carry out, quote, ``what the White House expects from us on misinformation going forward.'' Our evidence shows Federal officials routinely flagging social media posts by ordinary Americans for censorship. It shows Federal officials orchestrating elaborate plots of deception to dupe platforms into censoring disfavored speech. It shows Federal officials engaging in seemingly endless meetings with the content-moderation officers of major platforms to discuss disinformation and censorship. It shows Federal officials serving as privileged fact-checkers with effective authority to dictate what Americans can and cannot say on matters of immense public importance on social media. It shows Federal officials relentlessly pressuring social media platforms by threatening them with ruinous legal consequences if they do not cave to the Federal demands for censorship. Truth is not the goal of this Federal censorship enterprise. The censors have been proven wrong again and again, including on politically seismic issues. Each time the censors are proven wrong, the censorship has continued unabated, and it expands. That is because now, as in every time other time in human history, the goal of censorship is not to promote truth; it's to obtain, preserve, and expand political power. Censorship is not necessary to protect Americans' lives, security, or democracy. Systematically violating the most basic civil right of millions of Americans does not make Americans safer or healthier. Federal censorship is not democratic. It stifles the voices of ordinary Americans in places that channels a public debate under command and control of elites. Censorship inflicts lasting harm on Americans by impeding the pursuit of truth in a free marketplace of ideas. The Supreme Court describes social media as the modern public square. For years, Federal officials have been perpetrating a hostile takeover of that modern public square. This hostile takeover has largely succeeded. Congress should take swift action to banish the Federal censors and restore the freedom of speech to social media. I welcome the Subcommittee's questions. [The prepared statement of Mr. Sauer follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] A complete statement with supplemental material is provided by John Sauer, Special Assistant Attorney General, Louisiana Department of Justice is available at: https://docs.house.gov/ meetings/FD/FD00/20230330/115611/HHRG-118-FD00-Wstate-SauerJ- 20230330.pdf. Chair Jordan. Thank you, Mr. Sauer. Mr. Seligman, you are recognized for five minutes. STATEMENT OF MATTHEW SELIGMAN Mr. Seligman. Mr. Chair, Ranking Member Plaskett, and Members of the Committee, the focus of today's hearing is allegations of censorship by social media platforms purportedly at the direction of the Federal government. Once again, it bears repeating: The First Amendment applies to governmental restrictions of speech, not private conduct. The plaintiffs in Missouri v. Biden instead argue that the Federal government coerced those platforms into censoring disfavored speech through the application of the platform's own content-moderation policies. For reasons I detail in my written testimony, that contention lacks a reasonable basis in law and fact. In short, governmental officials offered their suggestions to platforms about misinformation, and no threat of adverse governmental action ever attached to whether those platforms took those suggestions or not. Social media platforms' content-moderation decisions have always rested and remain with the platforms themselves. By attacking those platforms' attempts to combat misinformation, the plaintiffs in cases like Missouri v. Biden, do disservice to the principles of free speech that they claim to support, and they invite the grave consequences of misinformation that they seek to spread themselves unchecked. It is perhaps not a coincidence that the proponents of measures that would handicap social media platforms' efforts to combat misinformation are often prolific purveyors of misinformation themselves. Senator Schmitt and Attorney General Landry, who just testified, filed a brief in the Supreme Court supporting the suit by the State of Texas seeking to block the counting of electoral votes from four States that President Biden won. Over a hundred Members of Congress, including Members of this Committee today, also filed briefs supporting that suit. Texas' complaint included a fantastical claim that the statistical likelihood that President Biden fairly won the 2020 election was less than one in quadrillion. That is false. Members of this Committee have claimed that Dominion voting machines fraudulently flipped votes from Trump to Biden. That is false. Members of this Committee have claimed that thousands of ballots were cast on behalf of dead and unqualified voters. That is false. Members of this Committee have claimed that election workers around the country counted fake or fraudulent votes. That is false. On October 19, 2020, Chair Jordan tweeted that Democrats are trying to steal the election after the election. That is false. Lies like these corrode Americans' faith in the integrity of our elections and democracy. Those elections are, without question, fundamentally sound. These falsehoods form the foundation of an unprecedented effort to reverse the results of a Presidential election. They are just a drop in the bucket, a drop in the ocean of the flood of lies that flooded social media in the weeks and months after the 2020 Presidential election. This is not idle political theatre. Across the country, election workers have been targeted by extremists with threats of horrific violence as retaliation for their alleged complicity in a stolen election. Just over two years ago, a violent mob stormed the Capitol Building in an attempt to disrupt Congress' count of electoral votes. Some in that mob elected gallows on the steps of the Capitol not far from where we sit today. After the Vice President honorably confirmed that he would abide by his constitutional duty, some in that mob chanted ``Hang Mike Pence.'' They did so because someone told them the lie that the election was stolen. They did so because someone told them the lie that Vice President Pence had the power to reverse the results. Whether or not our Constitution and our fidelity to the principles of the First Amendment permits us to punish or prosecute those who told those lies, surely, we can recognize the damage done. Surely, we can recognize that the social media platforms, which now serve as the main channels of misinformation, need all the help they can get in combating it. It is both constitutional and consonant with the principles of the First Amendment for government experts to help social media networks in identifying misinformation and to encourage those networks to stop spreading it and amplifying it. I welcome the Committee's questions. [The prepared statement of Mr. Seligman follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Chair Jordan. I thank the gentleman for his testimony. The Chair now recognizes the gentlelady from New York, Ms. Stefanik. Ms. Stefanik. Mr. Seligman, isn't it true that Democrats objected to President George W. Bush's victory in 2000 on the House floor? Mr. Seligman. Yes, it is. Ms. Stefanik. Isn't it true that Democrats objected to President George W. Bush's victory in 2004? Mr. Seligman. Yes. Ms. Stefanik. I yield the remainder of my time to Mr. Johnson. Mr. Johnson of Louisiana. I thank the gentlelady. The irony is so thick in the room today that you could cut it with a knife. First, the Democrats' sole witness is this gentleman that comes to us from the Constitutional Law Center at Stanford Law School where, less than two weeks ago, the dean had to order mandatory training in the First Amendment to faculty and students after her apology for the debacle of them shouting down a Fifth Circuit Appellate Court judge. Were you present for that event? Mr. Seligman. No, I was not. Mr. Johnson of Louisiana. OK. Well, and you just told us we basically--that the media networks need to censor viewpoints you disagree with. It's unbelievable. The other irony is that our Louisiana Attorney General Jeff Landry just explained to us in detail and put on a brilliant presentation with all the evidence pointing out that there is literally a censorship enterprise now in the Biden Administration. Not five minutes later, our colleagues over here objected and wanted to strike his testimony as being too objectionable. I mean, we're illustrating the point right here as all of you talk. Many actors in the Biden Administration, many of them, have and continue to harass and pressure social media companies to censor COVID-19 content. That's just one of the subcategories here that I wanted to drill down on. That doesn't align with their chosen narrative because, when people talk about the origins or the effectiveness of lockdowns or the mass mandates, et cetera, the benefits of natural immunity, they wanted to censor and silence that, and they did. Through the great work, Mr. Sauer, of you and many others in the States of Louisiana and Missouri, we now know that there was a coordinated campaign of both public and private pressure against the social media platforms. Who did it come from, as you pointed out? President Biden himself, Senior White House staff, Surgeon General Vivek Murthy, Dr. Anthony Fauci, the CDC. They targeted opposing COVID-19 viewpoints. They targeted the viewpoints, folks. If you're watching at home, they volume- censored you, they turned you down, and they kicked people off the platforms because they said things that went against the Administration's narrative. One piece of COVID information that President Biden's Administration labeled as misinformation was the belief that the virus originated from a lab in China. We now know that is no longer just a theory; it's likely true, as some of the agencies of the government have had to admit now. Dr. Fauci himself was instrumental in contradicting the lab-leak discourse from the very beginning of the pandemic. Listen--everybody needs to pay attention to this--he commissioned a research paper to discredit the theory. Can you please share with us what his interest was in covering up the lab-leak theory, Mr. Sauer? What do you think about that? Mr. Sauer. Thank you, Congressman. The evidence in our case indicates that, going back to 2011, Dr. Fauci had been a public advocate in favor of gain-of-function research; that starting at least in 2014. NIAID, under his direction, had publicly funded gain-of-function research on bat coronaviruses in the Wuhan Institute of Virology, and that, in early 2020, when the virus was new, he became aware from briefings from his staff and emails from Jeremy Farrar of the Wellcome Institute in the United Kingdom that there was a grave risk that the virus had, in fact, leaked from that institution where NIAID-funded research--gain of function on viruses had been conducted. You see an elaborate plot, a deceptive plot to try to discredit that theory at that time. Mr. Johnson of Louisiana. NIAID was his agency. When he was asked at a White House briefing about this report that he commissioned, he claimed he was unfamiliar with the authors of the study, even though he was instrumental in every single step of its creation. I have a video if we can play that really quickly. We'll look at it in his own words. Go ahead. [Video played.] Mr. Johnson of Louisiana. All right. While they're trying to fix that, what Dr. Fauci says there, in his own words, is that he has no idea anything about the authors of the study, even though he is the one that orchestrated the whole thing. When he was asked in a deposition about his role in suppressing the lab-leak origin theory, among other things, he said--and we have another video, it's not going to work, I'm-- he said 300-something times that he doesn't recall, or he doesn't remember. He isn't the only bad actor. Mr. Sauer, can you please elaborate on the ripple effects of President Biden publicly saying social media companies are ``killing'' people by failing to remove COVID information that his party disagrees with? Mr. Sauer. Yes, Congressman. Our evidence indicates that was a critical watershed in the Biden Administration's pressure campaign to attack Facebook, in particular, but also social media platforms in 2021. What you see is these amazing emails right after that July 16, 2021, comment from President Biden that they're ``killing people'' from very senior Facebook C- suite Facebook executives desperately scrambling to get back in the White House's good graces and assuring them: ``We will do what you want.'' We won't carry out, quote, ``what the White House expects of us on misinformation going forward.'' Mr. Johnson of Louisiana. It has an incredible effect of chilling the speech of Americans. I yield back. Chair Jordan. The gentleman's time has expired. The Chair now recognizes the gentleman from Massachusetts, Mr. Lynch. Mr. Lynch. Thank you, Mr. Chair. Chair Jordan. You bet. Mr. Lynch. First, I want to correct the statement my colleague made that my objections were to the substance or content of the two witnesses that are now departed. My objection, as I had stated before, was that, if we are not going to observe the right to cross-examine witnesses that are providing substantive testimony before this Committee, then we should strike that. That is the practice in Federal courts when much is at stake. It is a device that ensures that, when people take a stand and offer evidence, that we can test the veracity of their statements. That is not the case in this hearing. The Chair and the majority have chosen to allow witnesses to offer substantive testimony here and then have allowed them to scurry away and not face cross-examination or the testing of the statements they have made. It's ironic that we began this hearing with a Pledge of Allegiance. We all stood and put our hands on our hearts and looked at the flag. Then we turned around, and we eviscerated the very process here that would protect rights, protect the integrity of this hearing to illicit the truth and to test the statements and testimony that are brought before us. This is such a departure, this is such a departure from regular order and the usual process of Congressional hearings that I'm compelled to strike that, to ask to strike that testimony because it's not worth anything if it can't be tested. Congress or the American people should not be able to rely on that information if it is not tested, not truthful. So, Mr. Chair, I resume my motion to adjourn, and I ask for a recorded vote. Chair Jordan. The gentleman moves to adjourn. The Committee will suspend while we prepare to have the clerk call the roll. Ms. Plaskett. Mr. Chair, may the time be suspended please for-- Chair Jordan. It is suspended. Ms. Plaskett. The clock is going down. Chair Jordan. Yes, we will hold the time for Mr. Lynch. Ms. Plaskett. Thank you. Chair Jordan. We'll get the clerk out here, and we'll call the vote. Mr. Issa. Mr. Chair, point of query. Chair Jordan. The gentleman from California is recognized. Mr. Issa. Mr. Chair, I've testified before Committee even during the two-years I was out of Congress, and you and I have been here for more than a decade together. Have we ever cross- examined a current U.S. Senator who testified before any Committee that you or I were on? Chair Jordan. No, we have not. Mr. Lynch. Mr. Chair, this is debating the point of order. Mr. Issa. No, it was a point of inquiry. I just asked the question of the Chair. Chair Jordan. The clerk will call the roll on the gentleman's motion from Massachusetts. Ms. Bidelman. Mr. Jordan? Chair Jordan. No. Ms. Bidelman. Mr. Jordan votes no. Mr. Issa? Mr. Issa. No. Ms. Bidelman. Mr. Issa votes no. Mr. Massie? Mr. Massie. No. Ms. Bidelman. Mr. Massie votes no. Mr. Stewart. [No response.] Ms. Bidelman. Ms. Stefanik. Ms. Stefanik. No. Ms. Bidelman. Ms. Stefanik votes no. Mr. Gaetz? Mr. Gaetz. No. Ms. Bidelman. Mr. Gaetz votes no. Mr. Johnson of Louisiana? Mr. Johnson of Louisiana. No. Ms. Bidelman. Mr. Johnson of Louisiana votes no. Mr. Armstrong? Mr. Armstrong. No. Ms. Bidelman. Mr. Armstrong votes no. Mr. Steube? Mr. Steube. No. Ms. Bidelman. Mr. Steube votes no. Mr. Bishop? Mr. Bishop. No. Ms. Bidelman. Mr. Bishop votes no. Ms. Cammack? Ms. Cammack. No. Ms. Bidelman. Ms. Cammack votes no. Ms. Hageman? Ms. Hageman. No. Ms. Bidelman. Ms. Hageman votes no. Ms. Plaskett? [No response.] Ms. Bidelman. Mr. Lynch? Mr. Lynch. Yes. Ms. Bidelman. Mr. Lynch votes yes. Ms. Sanchez? Ms. Sanchez. Aye. Ms. Bidelman. Ms. Sanchez votes aye. Ms. Wasserman Schultz? Ms. Wasserman Schultz. Aye. Ms. Bidelman. Ms. Wasserman Schultz says aye. Mr. Connolly? Mr. Connolly. Aye. Ms. Bidelman. Mr. Connolly votes aye. Mr. Garamendi? [No response.] Ms. Bidelman. Mr. Allred. [No response.] Ms. Bidelman. Ms. Garcia? Ms. Garcia. Aye. Ms. Bidelman. Ms. Garcia says aye. Mr. Goldman? Mr. Goldman. Aye. Ms. Bidelman. Mr. Goldman votes aye. Ms. Plaskett. Mr. Chair, how am I recorded? Ms. Bidelman. Ms. Plaskett, you are not recorded. Ms. Plaskett. I vote aye. Ms. Bidelman. Ms. Plaskett votes aye. Mr. Stewart, you are not recorded. Mr. Stewart. I vote no. Ms. Bidelman. Mr. Stewart votes no. Chair Jordan. All members voted. The clerk will report. Ms. Bidelman. Mr. Chair, there are 7 ayes and 12 noes. Chair Jordan. The motion fails. The gentleman is recognized for the remainder of his five minutes of questions. Ms. Garcia. Point of inquiry. Chair Jordan. The gentlelady is recognized from Texas. Ms. Garcia. Mr. Chair, I think we need to unconfuse the record. I mean, sometimes I hear you talk about Mr. Landry is appearing as a former Member of Congress, and sometimes I hear you saying he is--was Louisiana Attorney General. Chair Jordan. So, those are both true statements. Ms. Garcia. Those are true statements, but in what capacity was he testifying today? Chair Jordan. He is testifying-- Ms. Garcia. As a former Member or as an elected State official? Chair Jordan. He was testifying as a witness in front of the Subcommittee of the Weaponization of Government. The gentleman from Massachusetts for his two minutes and 17 seconds remaining in his five minutes of questioning. Ms. Garcia. In what capacity, sir? Chair Jordan. The gentleman from Massachusetts is recognized. Ms. Garcia. Mr. Chair, I should get an answer in what capacity he was here? Chair Jordan. He was in the capacity of a witness in front of our Committee. That was his capacity. Ms. Garcia. Attorney general? Chair Jordan. Yes, the gentleman from Massachusetts is recognized. Ms. Garcia. So, is the precedent now set that any State official can come-- Chair Jordan. The precedent is now set that the gentleman from Massachusetts is recognized for the remainder of his five minutes of questioning. Ms. Garcia. Mr. Chair, I would-- Mr. Lynch. Regular order. Mr. Seligman, in the Missouri v. Biden complaint, today's witnesses who are now departed claimed that a February 2022 Department of Homeland Security threat bulletin somehow harmed them by warning that online disinformation could lead to real physical threats. I ask unanimous consent to introduce this February 7, 2022, National Terrorism Advisory System Bulletin-- Chair Jordan. Without objection. Mr. Lynch. Mr. Seligman, this warning who obviously was not farfetched, as evidenced by the events of January 6th. Members of the extremist groups like Proud Boys, the Oath Keepers, and Three Percenters did not hesitate in calling for perpetrating violence on the basis of false or misleading election fraud narratives. We need only to remember the chants of ``Hang Mike Pence'' outside this U.S. Capitol. I would also underscore that more than 60 lawsuits brought by President Trump and his supporters, especially Rudy Giuliani, following the 2020 Presidential election failed because they lacked evidence to support them. Professor Seligman, do you agree that false or misleading narratives about the substance of election fraud could lead to calls for violence around elections? Mr. Seligman. Yes, I do. Mr. Lynch. Professor Seligman, the witnesses that were sitting next to you seem to think that it is censorship for DHS to warn that online disinformation could lead to election violence. Could you walk us through how disinformation can lead to that election violence? Mr. Seligman. Yes, Mr. Lynch. So, if 100 million people see a false claim about voter fraud or election interference on a social media website, some number of those 100 million people may become outraged to a degree that they are willing to commit acts of violence. That's exactly what we saw in the aftermath of the 2020 election, that these false narratives, these false statements of fact about the integrity of the election in 2020 were propagated. Millions, hundreds of millions of people saw them, and some small number of those people took matters into their own hands and committed acts of violence that the Members of this Committee have seen. Mr. Lynch. Mr. Chair, my time is expired. I yield back. Chair Jordan. The gentleman yields back. I would point out that last Congress the Democrats ran a Committee in that Congress for a year and a half which gave no ability to the Republicans to cross-examine one single witness. So, we do believe the ability to cross-examine is important. We also believe in following the customs. Mr. Lynch. That's false. Chair Jordan. Mr. Sauer-- Mr. Goldman. You couldn't question witnesses at a hearing? Chair Jordan. Mr. Sauer-- Mr. Goldman. You were not allowed to question witnesses at a hearing. Is that what you're saying? Chair Jordan. Mr. Sauer, you deposed Dr. Fauci? Ms. Sanchez. Point of order. Mr. Chair, could you clarify that statement? Because I find it incredibly hard to believe. Mr. Gaetz. Point of order. That's not a point of order. Ms. Sanchez. What basis in fact do you have for making that assertion? Chair Jordan. The gentlelady does not State a point of order. I'm going to--the Chair now recognizes himself for his five minutes of questions. Ms. Sanchez. Are we just here to allege wild accusations that have no factual thing to pick it up? Chair Jordan. Mr. Sauer. The gentlewoman has not been recognized. I would like--Mr. Sauer, you deposed Dr. Fauci last fall? Mr. Sauer. Correct. Chair Jordan. In that deposition, you asked him the question, you said: ``Is it important for people to have access to both sides of the debate so they can assess what's good information and what's bad information?'' You remember that question you asked Dr. Fauci? Mr. Sauer. Yes, Representative. Chair Jordan. Here was his response. He said, Dr. Fauci said: Well, you know, it depends. If information is clearly inadequate and statistically not sound, there can be a danger in people who don't have the ability or the experience to understand. Mr. Sauer, do you forfeit your First Amendment rights if you can't tell good information from bad information? Mr. Sauer. Absolutely not. Chair Jordan. That's not how our First Amendment works, is it? Mr. Sauer. You're correct. Chair Jordan. You need to turn your mike on, if you can, Mr. Sauer. Is the First Amendment only those people who have the ability or experience to understand? Mr. Sauer. No. It is for all Americans. Chair Jordan. All Americans, all 330 million of us. Is that right? Mr. Sauer. That's correct. Chair Jordan. Not just for the special people, not just for the super smart people like Dr. Fauci who worked 40 years in our government, highest paid guy, not just for them. It's for all of us, right? Mr. Sauer. Absolutely right. Chair Jordan. Even if, maybe, you don't know the difference sometimes between what's good or bad information, you still have your First Amendment liberties under our Constitution? Mr. Sauer. Both to hear and to speak, absolutely. Chair Jordan. Exactly right. By the way, when you deposed Dr. Fauci, how many times did he happen to say he didn't know or couldn't remember? Mr. Sauer. He said, ``I do not recall,'' or variations thereof, 174 times, and adding in variations of ``I don't remember'' at least 212 times. Chair Jordan. Wow. Smartest man on the planet couldn't remember 212 times? Mr. Sauer. He couldn't remember things, including things that he had told the national media, quote, ``I remember it very well,'' that he would say 16 times, ``I don't recall details of that meeting.'' Chair Jordan. Now, you were near the top of your class at Harvard Law School, Rhodes Scholar. Is that right, Mr. Sauer? Mr. Sauer. I've submitted a biographical statement. Chair Jordan. Yes. Well, I looked at your biography. It's pretty impressive. Is that pretty high? You've done a lot of depositions. You've done a lot of legal work. You've deposed a lot of people. Is 212 times pretty high? Mr. Sauer. I've taken dozens of depositions. I've never seen anything like it, including in this case where other Federal government witnesses frequently profess inability to recall. Chair Jordan. So, the guy who told us all these things, who is the smartest man on the planet, he set a record, highest you've ever seen in not--couldn't recall, didn't remember? Mr. Sauer. I've never seen anything like that. Chair Jordan. OK. Page 4 of your testimony, you talk about the ``Censorship Enterprise.'' You give a bunch of facts and numbers here. You said Twitter disclosed that 84 government officials communicated with them--or as Mr. Seligman said, ``gave them suggestions''--84 Federal officials gave Twitter suggestions on tweets and things to take down, 45 officials in the Federal government told the same thing to Facebook. Is that right? Mr. Sauer. They discussed disinformation and censorship with those officials. Chair Jordan. Yes. A handful of Federal agencies handed over 20,000 pages of documents in the communications they had had with these big-tech companies. Again, just suggestions, though, according to Mr. Seligman. Twenty White House officials were involved in these suggestions to these social media platforms. Mr. Sauer. That's conservative. It's probably higher. Chair Jordan. Yes. FBI Agent Elvis Chan testified the FBI alone sends encrypted lists to social media accounts sometimes containing hundreds of accounts and URLs in each list to platforms for censorship one to five times per month, 500 times a month, five hundred different email address--or websites, everything else they're sending to these social media platforms, the FBI. Mr. Seligman says, don't worry, that's not a problem with the First Amendment, that's a suggestion. Mr. Sauer. Yes, over the course of years that's been occurring. Chair Jordan. The Election Integrity Partnership, a censorship consortium of academics, think tanks, Federal, State government officials, social media platforms, both said it surveilled 859 million tweets, 21,897,364 tweets on ``tickets'' as ``misinformation.`` Is that right? Mr. Sauer. That's correct. Chair Jordan. You learned this in your discovery in your lawsuit so far? Mr. Sauer. Correct, Your Honor--or Representative. Chair Jordan. The Virality Project, a mass surveillance and censorship operation conducted by the EIP, has done over 200-- 6.7 million engagements on social media, 200 million. Now, let me just ask you this. Were most of those targets toward conservatives? Mr. Sauer. Virtually everything we've seen in evidence so far, or at least the vast majority of what we've seen so far, is conservative, right-leaning speech. Chair Jordan. You would be just as outraged--I read your testimony--you'd be just as outraged if it was the other way around, right? Mr. Sauer. Absolutely, because-- Chair Jordan. Same here. Same here. Because the First Amendment, again, is not just for some people, not just for one political persuasion, not just for the so-called smart people like Dr. Fauci. It's for 330-some million Americans. That's how our Constitution works. Is that right, Mr. Sauer? Mr. Sauer. Every single American. Chair Jordan. I thank the gentleman for his answers. Mr. Johnson of Louisiana. Mr. Chair, I have a unanimous consent request. Chair Jordan. The gentleman from Louisiana is recognized. Mr. Johnson of Louisiana. I seek unanimous consent to enter into the record a letter dated January 12, 2021, by Louisiana Attorney General Jeff Landry, where he decries all political violence and calls for an end to that and asks for respect for all political viewpoints. Chair Jordan. Without objection, so entered. Ms. Plaskett. Another thing we can't examine because he's not here. Very good. Chair Jordan. No, you can examine it. It's a document. He's going to enter it into the record. Ms. Plaskett. No, examine him for what he wrote and the intent behind what he said. OK. Chair Jordan. Well, I would just point out that's-- unanimous consents are for documents, and we've got the document right here that he handed to you. Ms. Sanchez. Mr. Chair, I would ask unanimous consent-- Chair Jordan. The Chair now recognizes Ms. Wasserman Schultz for her five minutes. Ms. Sanchez. Mr. Chair, I have a unanimous consent request, Mr. Chair. Chair Jordan. Pardon? Ms. Sanchez. I have a unanimous-- Chair Jordan. Oh, OK. The gentlelady is recognized for a unanimous consent request. Ms. Sanchez. Yes. I have a unanimous consent request to enter into the record the Merriam-Webster's definition of ``salacious,'' which says, ``arousing or appealing to sexual desire or imagination, lecherous or lustful,'' so that my colleague from Louisiana will not misuse that when describing the testimony of our colleagues here in Congress. Mr. Johnson of Louisiana. Well, as Senator Schmitt said earlier, there was a lust for censorship. Ms. Sanchez. I would ask that it be entered into the record-- Mr. Johnson of Louisiana. I'll withdraw the word. Ms. Sanchez. I would ask that it be entered into the record, Mr. Chair. It's a document. Mr. Johnson of Louisiana. I said ``outrageous,'' but I'll withdraw it. Chair Jordan. I don't think the gentleman is objecting, so it's entered into the record. Ms. Sanchez. Thank you. Chair Jordan. The gentlelady from Florida, Ms. Wasserman Schultz, is recognized for five minutes. Ms. Wasserman Schultz. Thank you, Mr. Chair. This is our third hearing, and unlike the previous two, I find it ironic that the Republican majority brought us a witness who actually weaponized the government himself. Mr. Sauer, sunshine record requests show that you worked with the Republican Attorneys General Association and its dark money political arm, the Rule of Law Defense Fund. They also indicate that you took part in these groups', quote ``war games,'' unquote, on how to respond if Trump lost the 2020 election. Very quickly, with a yes or no answer, please, Mr. Sauer, is that correct? Mr. Sauer. I would say yes. Ms. Wasserman Schultz. Yes or no. The answer is yes? Mr. Sauer. I think that you've mischaracterized the work of the Committee-- Ms. Wasserman Schultz. No. Yes or no, you worked with the Republican Attorneys General Association and its dark money political arm, the Rule of Law Defense Fund? Sunshine record requests show that you did. To confirm that, I have an official State email that points to your involvement in these political efforts, and I ask unanimous consent to enter it into the record. Mr. Johnson of Louisiana. [Presiding.] Without objection. Mr. Sauer, make sure your microphone is turned on. Ms. Wasserman Schultz. So, the answer to that question is yes, Mr. Sauer? Mr. Sauer. That is not what I said. I said that you've significantly mischaracterized those-- Ms. Wasserman Schultz. OK. Mr. Sauer, I remind you that you're under oath. Behind me, and I just entered it into the record, I have a copy of an official State email where you responded to a message on these war games very specifically. OK. Mr. Sauer, the Rule of Law Defense Fund put out a robocall recruiting people to march on the Capitol on January 6th to, quote, ``stop the steal,'' unquote Can we play that, please? [Video shown.] Ms. Wasserman Schultz. OK. [Video shown.] Ms. Wasserman Schultz. OK. It's also--you can see that recorded message behind me. I must say, Mr. Sauer, when you planned-- [Video shown.] Ms. Wasserman Schultz. OK. Let's move on past the audio. When you planned with these groups--what you planned with these groups was certainly no game, but it definitely resembled a war. You can see the pictures. This is an excerpt of the audio call. Now, these same dark money groups held at least 30 meetings for State Attorney General senior staffers, including you, during the 2020 Presidential campaign, even though I'm sure you knew that Missouri law bars State employees from using State resources for political activity. Missouri lawmakers were wise enough to make it illegal to weaponize State government facilities for political purposes, or in this case to subvert America's democracy. Approximately how many of these political meetings did you attend while in your office and using State resources? Before answering, let me remind you, your Fifth Amendment protections against self-incrimination do apply here if you need to use them. Mr. Sauer. None of the meetings I attended were political. I attended one meeting by Zoom that discussed legal issues only. So, everything you've said about the-- Ms. Wasserman Schultz. OK. Mr. Sauer. If I may-- Ms. Wasserman Schultz. Reclaiming my time. Mr. Sauer. Everything you've said about that characterization is misleading. Ms. Wasserman Schultz. Reclaiming my time. Attorney General staff members also attended one of these war games meetings on January 5, 2021, on the very eve of the insurrection. Mr. Sauer, did you attend or participate in this meeting on January 5, 2021, and can you share with us what war game strategies you discussed? Mr. Sauer. I did not attend that meeting. I was unaware of it. Ms. Wasserman Schultz. OK. Mr. Sauer. I actually am not sure of the meeting you're referring to. Ms. Wasserman Schultz. OK. More bluntly, Mr. Sauer, did you violate Missouri statute Section 36.157 by using State resources on official time to collude with political groups to prevent America's peaceful transfer of power? Mr. Sauer. Absolutely not. Ms. Wasserman Schultz. Mr. Chair, thank you for finally bringing a witness before us that has personally weaponized the government. Mr. Sauer did participate in war game meetings with the dark money group the Republican Attorneys General Association. Given what we know and just heard, clearly my Republican colleagues would support further investigation into this matter. We have evidence. This is a State email suffix. It was during the time of day during the work hours. So, I move that the Chair issue subpoenas to Mr. Sauer requesting any and all correspondence relating to their political involvement in the January 6th insurrection and dark money groups while using State resources. That's my motion, Mr. Chair. We need to hold the time, please. Mr. Johnson of Louisiana. Yes, hold the time for just a second. Ms. Wasserman Schultz. We have to roll the time back by about six or seven seconds. Mr. Johnson of Louisiana. OK. The gentlelady has moved to issue a subpoena. We will have a roll call vote on that. The gentlelady will suspend while we get the clerk prepared for that vote. Mr. Armstrong. I make a motion to table. Mr. Johnson of Louisiana. The gentleman has made a motion to table the motion to issue a subpoena. As the clerks are getting ready, let us sort this out. Ms. Wasserman Schultz. I just want to point out that tabling the motion so that we can't get more information that shows that Mr. Sauer weaponized government and violated Missouri State law by-- Mr. Johnson of Louisiana. OK. Hold on. We have a motion pending, so-- Ms. Wasserman Schultz. --by colluding with a political association to overturn a Presidential election. Mr. Johnson of Louisiana The gentlelady will suspend. The motion to table is not debatable. The clerk will call the roll. Ms. Bidelman. Mr. Jordan? [No response.] Ms. Bidelman. Mr. Issa? Mr. Issa. Yes. Ms. Bidelman. Mr. Issa votes yes. Mr. Massie? Mr. Massie. Yes. Ms. Bidelman. Mr. Massie votes yes. Mr. Stewart. Mr. Stewart. Yes. Ms. Bidelman. Mr. Stewart votes yes. Ms. Stefanik. [No response.] Ms. Bidelman. Mr. Gaetz? Mr. Gaetz. Yes. Ms. Bidelman. Mr. Gaetz votes yes. Mr. Johnson of Louisiana? Mr. Johnson of Louisiana. Yes. Ms. Bidelman. Mr. Johnson of Louisiana votes yes. Mr. Armstrong? Mr. Armstrong. Yes. Ms. Bidelman. Mr. Armstrong votes yes. Mr. Steube? Mr. Steube. Yes. Ms. Bidelman. Mr. Steube votes yes. Mr. Bishop? Mr. Bishop. Yes. Ms. Bidelman. Mr. Bishop votes yes. Ms. Cammack? Ms. Cammack. Yes. Ms. Bidelman. Ms. Cammack votes yes. Ms. Hageman? Ms. Hageman. Yes. Ms. Bidelman. Ms. Hageman votes yes. Ms. Plaskett? Ms. Plaskett. No. Ms. Bidelman. Ms. Plaskett votes no. Mr. Lynch? [No response.] Ms. Bidelman. Ms. Sanchez? Ms. Sanchez. No. Ms. Bidelman. Ms. Sanchez votes no. Ms. Wasserman Schultz? Ms. Wasserman Schultz. No. Ms. Bidelman. Ms. Wasserman Schultz says no. Mr. Connolly? Mr. Connolly. Nay. Ms. Bidelman. Mr. Connolly votes nay. Mr. Garamendi? Mr. Garamendi. No. Ms. Bidelman. Mr. Garamendi votes no. Mr. Allred. [No response.] Ms. Bidelman. Ms. Garcia? Ms. Garcia. Nay. Ms. Bidelman. Ms. Garcia says nay. Mr. Goldman? Mr. Goldman. No. Ms. Bidelman. Mr. Goldman votes no. Mr. Johnson of Louisiana. The clerk will report. Ms. Bidelman. Mr. Chair, there are ten ayes and seven noes. Mr. Johnson of Louisiana. The motion carries, and it is tabled. Ms. Wasserman Schultz. Reclaiming my time, Mr. Chair. Mr. Johnson of Louisiana. The gentlewoman is recognized to complete her time. Ms. Wasserman Schultz. I think we've made it very clear that the Republican majority has no interest in investigating true violations of the weaponization of government. They just tabled a motion to get more information to demonstrate that. I'd ask with the remainder of my time; I think the video is ready so that we can play it. Thank you. Mr. Chair, can we play the video, please? Mr. Johnson of Louisiana. Is that video ready? Ms. Wasserman Schultz. OK. I guess it's still not working. It would be nice if we could get the audiovisuals working here in the Committee. This hearing is fixated on a red herring. Studies show conservative voices are more prevalent on social media. We need to make sure that we are getting to the bottom of the weaponization of the Federal government. This Committee is only interested in selectively doing that, as evidenced by the fact that the Republican majority on this Committee squashed getting us more evidence than what I have behind me that I've entered into the record to prove--that proves that this witness, Mr. Sauer, weaponized government and participated in violating Missouri State law-- Mr. Johnson of Louisiana. The gentlelady's time is expired. Ms. Wasserman Schultz. --in politicizing and trying to overturn an election. Mr. Johnson of Louisiana. The gentlelady's time is expired. The gentleman from California is recognized. Mr. Issa. Thank you, Mr. Chair. I'm going to try and return to the subject as much as I can of this hearing. Mr. Sauer, are you familiar with the case in California disputing the Governor's order for universal ballots? Mr. Sauer. No, Congressman. Mr. Issa. OK. Well, oddly enough, I was the plaintiff, so-- and oddly enough, the Governor then went to the legislature and got the authority to have universal ballots and then the case was dismissed. Isn't part of free speech or the First Amendment the right of redress? Mr. Sauer. That is correct, to petition the government, exactly. Mr. Issa. Petitioning the government has been widely considered to be including to make cases before the Federal court when you believe that the Constitution is being violated or your free speech is being violated or due process is being violated. Those are all consistent with what we would broadly say is the First Amendment. Mr. Sauer. Correct. Mr. Issa. For the record, the First Amendment, incredibly short, and if we read it in its purest sense, you would say that Congress shall make no laws respecting, and that because it only says Congress that it doesn't apply to anyone else. Have our courts, including our Supreme Court, under 200- plus years, have they ever considered it that narrow? Mr. Sauer. No, Congressman. Mr. Issa. So, isn't it true that they basically consider censorship of free speech very broadly to include intimidation by Federal, State, or local government authorities? Isn't that right? Mr. Sauer. Yes, intimidation and retaliation, among many other things. Mr. Issa. So, what was earlier called a suggestion by the Federal government, the vast power of the Federal government, which could even include the IRS, one might think, in this case, that kind of suggestion has historically been viewed as intimidation consistent with this relatively short statement about our right of free speech? Mr. Sauer. That's exactly right. There's overwhelming evidence in our case that contradicts the notion that these were mere suggestions from Federal officials. It's completely factually baseless to State that. Mr. Issa. So, you earlier testified that the vast majority of this was one-sided and came from government officials who wanted to take down things which disagreed with the government in place at that time, which happened to be the government of Joe Biden, correct? Mr. Sauer. Correct. Mr. Issa. So, what we really have here is something similar to historically Nixon v. IRS, if you remember that era, and that's not the actual case name. What you have is the power of the Executive Branch being used to reduce the opposition or the redress or the free speech or the communication of people who might disagree with what was being put out by the Executive Branch, which happened to be a Democrat President. Mr. Sauer. That's exactly right. We see not just interference with free speech but interference with the attempts to organize for political advocacy. Mr. Issa. Now, is this an opinion or are these indisputable facts based on the literally millions of events? Mr. Sauer. Yes, the evidence is overwhelming, and we've submitted extensive evidence to the Subcommittee. Mr. Issa. So, what we're dealing with here is tangible evidence that the other side of the aisle seems to want to talk around about the changing of what would have been public opinion if public opinion were freely allowed to occur without intervention by the Federal government and, candidly, agents on behalf of them, including private entities that were paid to be part of this program. Mr. Sauer. That's correct. You do see a concerted effort to change the subject. Mr. Issa. So, I would like to use the remainder of my time to give you an opportunity to speak to some of the personal attacks that were just made on you, if I could. Mr. Sauer. Very briefly, I would note that all the questions that came from the other side, they were misleading in the way they were characterized, they mislead my involvement. There's no suggestion that anything I did before the 2020 election was inappropriate or involved a misuse of State resources. I categorically deny that. It is false. That is misinformation. However, I recognize the Member's right to say misinformation, because you know what? That's protected by the First Amendment, contrary to what Mr. Seligman is suggesting in his testimony. Mr. Issa. Well, I very much appreciate it. Hopefully we will return to the debate that allows both sides to speak without having personal attacks on their character. I yield back. Mr. Johnson of Louisiana. The gentleman's time is expired. The gentleman from Virginia, Mr.-- Ms. Wasserman Schultz. Truth hurts. Truth hurts. Mr. Johnson of Louisiana. The gentleman from Virginia, Mr. Connolly, is recognized for five minutes. Mr. Connolly. Thank you. I've been through a lot of hearings, seen a number of panels, and I must say, I find it disconcerting that we are not able to ask questions of two of our witnesses. If they're here to simply present their thoughts and their idle opinions, so be it. If they are presenting themselves as quasi experts on censorship, I think we have a right to question them. Even if Senator Schmitt and Attorney General Landry aren't here, I think it's important to note that every single witness of the majority took part in the effort to overturn the 2020 election, and all three of them have interconnecting relationships, very convenient for a panel. If we turn our attention to the screen, please, the email sent to State Attorneys General. Mr. Johnson of Louisiana. Suspend the clock for me while we get that going. Mr. Connolly. I thank the Chair. I don't think that's it. It's the email from Mr. Sauer. Mr. Chair, I don't understand our technical problems. Mr. Sauer sent out an email to State Attorneys General-- Mr. Johnson of Louisiana. Start the clock again for me if you're going to testify. OK, the gentleman will continue. Mr. Connolly. OK. Asked for responses by 12/9, 1 o'clock. Mr. Seligman, this email is signed by John Sauer. Is that the gentleman to your left? Mr. Seligman. I believe so. Mr. Connolly. When Donald Trump lost the 2020 election, Mr. Sauer was working for then Missouri Attorney General Schmitt, who testified here this morning, and they worked together to find 16 other Republican State Attorneys General, including Attorney General Landry, who is running for Governor, to join them in an amicus in support of a lawsuit to overcome the election. Now, his team filed this case on December 8th, and the Supreme Court rejected it three days later. Why did the Supreme Court reject? Mr. Seligman. Sir, the Supreme Court rejected--so it didn't issue an opinion explaining why it rejected that, so I can't speculate about what was going through the minds of the Justices. I can tell you about the legal flaws in the complaint-- Mr. Connolly. Please. Mr. Seligman. --that rendered that decision correct. So, the State of Texas sued other States, including Pennsylvania, Michigan, Wisconsin, and Arizona, for allegations that there were flaws in the election in those States. The State of Texas claimed that it was injured as a State because the alleged maladministration of the election in other States somehow undermined its own sovereign rights in the electoral college. That is a radical and unprecedented claim that no court has ever accepted. Mr. Connolly. Including the Supreme Court. Mr. Seligman. Including the Supreme Court. Mr. Connolly. One must say, they kind of dismissed it with dispatch. Mr. Seligman. That's correct. Mr. Connolly. Three days later. Mr. Seligman. Yes, it was three or four days later. Now, the Supreme Court dismissed it unanimously. A point of clarification about that. There was a concurrence in the dismissal by Justice Thomas and I believe Justice Alito explaining that they would accept the bill of complaint because they think as a matter of Supreme Court procedure the Supreme Court can't just refuse jurisdiction. Then they went out of their way to say they would grant no other relief, which is to say that they would reject the claim on the merits. Mr. Connolly. So, the allegations in the lawsuit range from claims of illegal voting to accusations about Dominion voting machines, now the subject of a civil defamation case with FOX News. Even FOX News reporters called the claims contained in the lawsuit dangerously insane. Why might FOX News reporters call this kind of lawsuit dangerously insane? Mr. Seligman. Well, the factual allegations that I believe they were referring to are demonstrably incorrect and have no basis in reality whatsoever. It was apparent at the time as well. This is not something that just became apparent in the months and years after those allegations came to light. Mr. Connolly. Well, it's certainly comforting to know that we have a panel that includes three people who are involved in a lawsuit that has been declared dangerously insane by none other than FOX News reporters. That's a comfort. I thank you, Mr. Seligman, for your testimony. I yield back. Mr. Johnson of Louisiana. The gentleman yields back. The gentleman from Utah, Mr. Stewart, is recognized for five minutes. Mr. Stewart. Thank you, Chair. Mr. Seligman, I'm curious, just as a sidebar, were you embarrassed by what happened at Stanford Law School a few weeks ago? Mr. Seligman. So, I'd like to clarify that I am-- Mr. Stewart. In regard to the suppression of free speech with the Federal court, District Court judge? Mr. Seligman. So, I'd like to clarify that I am testifying-- Mr. Stewart. Never mind. Mr. Seligman. --here on my own behalf and not on behalf of Stanford. Mr. Stewart. I understand that. I'm just curious. I mean, I would imagine you would be embarrassed by that. Are you familiar with GDR, East German Stasi secret police? Mr. Seligman. I'm sorry, can you speak up a little? Mr. Stewart. Are you familiar with GDR, the East German Stasi secret police? Mr. Seligman. Generally, yes. Mr. Stewart. Generally, yes. We know they used techniques of threats and intimidation, censorship, to maintain and control and ensure continuation of government power. They were one of the most repressive and powerful forces that we've seen in our modern world. Now, I'd like to quote some of their objectives and some of their tactics that they would use. The aim of the Stasi was to switch off a group or private citizens by hindering any positive media or public exposure to their thoughts, views, and policy positions, including pressuring newspapers and other media. Would you be comfortable with the government using that, those kind of tactics, to suppress thoughts, views, and policies? Mr. Seligman. If your question is whether I'm comfortable with the American government using the tactics of the East German Stasi, the answer is no. Mr. Stewart. Thank you. Mr. Sauer, do you see any difference between Stasi secret police tactics and government suppression of individual expression on social media? Mr. Sauer. There's a very strong analogy to be drawn there. It's based on overwhelming evidence. Mr. Johnson of Louisiana. Make sure your microphone is on. Mr. Sauer. There's a very strong analogy to be drawn there, and it's based on overwhelming evidence. Mr. Stewart. Well, I see no difference at all. Mr. Sauer. It's a close, a very close comparison. Mr. Stewart. I think it's an incredibly close comparison. I would reemphasize, including pressuring social--or pressuring newspapers and other media to hinder any positive media or public exposure to their thoughts, views, or policy positions. There's no difference at all. Mr. Sauer. That's correct. Mr. Stewart. Let me give you another example. We're talking about the East German Stasi and the tactics they used. Another one: Conspicuous visits to homes or workplaces so that citizens would be aware of and intimidated by their presence and power. We had a journalist here--who was not a conservative journalist, by the way--he was here for a matter of a few hours talking about the weaponization of the Federal government, and during that time the IRS showed up at his house, something that the Secretary of Treasury admitted only happens, so far as she knows, when someone is under investigation for fraud and they need a personal interview. That's the only time she knew of some IRS agent appearing at someone's house. That happened while he was here testifying before our Committee. Mr. Seligman, does that appear as an unlikely coincidence to you? Mr. Seligman. I'm not familiar with the factual details of Mr. Taibbi's taxes. Mr. Stewart. As I've described it, does it seem unlikely to you? Mr. Seligman. I am not familiar with this incident, so I can't comment. Mr. Stewart. Well, I've explained the incident to you. He was testifying before Congress, and the IRS went to his home. Mr. Seligman. I have no idea whether it's a coincidence or not. Mr. Stewart. OK. Mr. Sauer, how does it appear to you? Mr. Sauer. The timing is incredibly suspicious. Mr. Stewart. It's incredibly suspicious. I will quote again from Stasi secret police tactics. Conspicuous visits to homes and workplaces so that citizens would be aware and intimidated by their presence and power. I think my description to you is sufficient that you could make a judgment of that. Mr. Seligman. Again, I'm not familiar with the details of Mr. Taibbi's taxes. Mr. Stewart. Well, OK. All right. So, I'm surprised that you wouldn't want to condemn that. I'm surprised you wouldn't want to say, You know what? As you've described it to me, that makes me uncomfortable, that the IRS would show up at someone's home while they're testifying before Congress. Mr. Seligman. As a matter of principle, government retaliation for the exercise of free speech is problematic. It's wrong. I have no idea whether that has taken place in this case. Mr. Stewart. OK. So, conceding that you don't know if that's happened, you would be uncomfortable if that were the case? Mr. Seligman. I am uncomfortable with violations of the First Amendment, yes. Mr. Stewart. Thank you. That's what we're talking about here. I know you've seen on display the emotion of our colleagues on the other side of the aisle. I'm shocked that they don't want to condemn it. I'm stunned that they don't ask you the same questions that we ask. How in the world could anyone sit and listen to this and go, ``You know, that's OK with me, use the Federal government as contractors to go suppress free speech.''? They don't do it themselves. They instead pressure and intimidate and threaten individuals and organizations to do it for them. There is no difference between that and what the Stasi secret police did. No difference at all. If someone wants to stand and defend that, I will yield the last seven seconds of my time to you. Chair, I yield back. Thank you. Mr. Johnson of Louisiana. Actually, the gentleman's time is expired. Votes have been called. The Committee will stand in recess until the conclusion of this nine-vote series. [Recess.] Chair Jordan. [Presiding.] The Committee will come to order. The Chair now recognizes the Ranking Member, Ms. Plaskett, for her five minutes of questions. Oh, can't do that. We don't have Mr. Sauer. The Committee will suspend. I didn't look up. There we go. Apologize to our witnesses. We had some votes. Now, I turn to the Ranking Member for five minutes of questions. Ms. Plaskett. Thank you very much, Mr. Chair. Before the break, our colleagues were concerned and accused Democrats of refusing to condemn something that we have no actual facts about. The case is beyond our factual understanding at this time other than what Republicans have told us today. Thanks to a long and exhaustive examination by the January 6th Committee, however, we do know for a fact that January 6th was spurred by President Trump, who used disinformation and violent rhetoric to egg on extremists and conspiracy theorists. Senator Schmitt and Mr. Landry, the two witnesses who were dismissed before their extreme and false claims could be tested under cross-examination, played an active role in that. They were a key part of the Republican Attorneys General Association which sponsored a robocall urging people to come to the Capitol on January 6th. That's what they were here for in their role as Attorneys General during that time. My colleague, Ms. Wasserman Schultz, attempted to play that call earlier, but technical difficulties prevented her from doing so. So, I have asked that we can play that now so that everyone can see and hear exactly what Mr. Landry and Senator Schmitt did and the violence and chaos that resulted. [Video shown.] Ms. Plaskett. We just witnessed--what was just given to us right now was real evidence, facts. What we just witnessed are very real crimes and violence that erupted because of what these witnesses' actions did. If they had been here, I'd ask them about that. I want to know also, and I'll yield time, to see if any of my colleagues would like to condemn the violence of January 6th. Mr. Gaetz. I would. Ms. Plaskett. Not just the violence of all things that-- Mr. Armstrong. I would. Ms. Plaskett. --are happening in America, but the violence on January 6th. Mr. Gaetz. Yes. Would the gentlelady yield? Ms. Plaskett. Are you going to condemn it? It's a yes or no. Mr. Gaetz. Yes. Ms. Plaskett. OK. Thank you. Mr. Armstrong. Same here. Voice. Same here. We all have on the record many times. Ms. Plaskett. No, you all have not, and we know that. Yield-- Chair Jordan. Oh, wow. Ms. Plaskett. Reclaiming my time. So, Mr. Landry's appearance before the Committee today gave him free publicity. We know that he's running for Governor. The Chair's decision to dismiss him in his role as Attorney General before questions means he can't be held accountable for the efforts to overturn the 2020 election. Another-- Chair Jordan. Will the gentlelady yield? Ms. Plaskett. No, I would not, not at this time. Chair Jordan. OK. Thanks. Ms. Plaskett. One of the things I would ask him about is other things that he was involved in with Donald Trump. As you can see on the screen, this is testimony given, deposition of General--the Attorney General Barr. It states: Question: How about discussions, General Barr, about the possible appointment of special counsel to investigate the allegations of election fraud? Do you recall any of that? Answer: Yes. I remember, there were some discussions about special counsel, and I forgot how this came out--came up. But I didn't feel there was any predicate or basis for naming a special counsel, and I was opposed to it. And I think there was a proposal made. I remember a proposal being made to take a State attorney general being appointed. And I wanted to find out--you know, I thought there might be a way to addressing that without just saying no and it turned out State law precluded it. Question: Yes. Was that Louisiana? Do you recall? Answer: I think it was Louisiana. I think it was Jeff Landry maybe. Mr. Landry was President Trump's choice to be the special counsel to investigate allegations of election fraud. Mr. Sauer--and I apologize for not having pronounced your name properly before--yes or no, do you believe that the fraud impacted the outcome of the 2020 election? Mr. Sauer. I have no opinion on that. Ms. Plaskett. I'm sorry, you have to hit the-- Mr. Sauer. I'm sorry. I have no opinion on that. That is totally aside from the evidence that we've brought forth to the Committee today. Ms. Plaskett. So, you--at this time, you don't--you--that's no opinion--you don't have an opinion on whether there was fraud or not? Mr. Sauer. I've never studied the evidence that you're referring to. Ms. Plaskett. But you were-- Mr. Sauer. I've never seen the deposition transcript you just-- Ms. Plaskett. I didn't ask about the deposition transcript. I asked you if you believe that there was election fraud in 2020. Mr. Sauer. I don't have an opinion on that to express to the Committee today. Ms. Plaskett. OK. Thank you. Mr. Seligman, same question, did fraud impact the outcome of the 2020 election? Mr. Seligman. No, without question. Ms. Plaskett. Was there any evidence of fraud? Mr. Seligman. There was no evidence of fraud in any amount that was remotely close to what it would've taken to affect the outcome of the election. Ms. Plaskett. So, how did so many people come to believe that such fraud existed? Mr. Seligman. Because they were told that by people who should have known better. Ms. Plaskett. Thank you. I yield back. Chair Jordan. The gentlewoman's time is expired and yields back. The Chair now recognizes the gentleman from Florida, Mr. Gaetz. Mr. Gaetz. White House staffers are some of the most powerful people on the planet Earth. Oftentimes they get the dispositive opinion on appointments to different positions within the Federal government. They influence statements of administrative policy. They initiate regulatory reform. They often have a significant voice on legislation that is considered and approved. So, Mr. Sauer, I want to understand, how many of these intensely powerful people who work in the Biden White House were involved in this effort that you've been investigating regarding the desire to shape discussions on social media? Mr. Sauer. At least 20, and very likely more. Mr. Gaetz. Was there a ring leader of this group, someone who had pervasive and repeated efforts to try to coerce social media companies to shape the truth according to the Biden White House? Mr. Sauer. Deputy Assistant to the President Rob Flaherty, and also Andy Slavitt. Mr. Gaetz. Who is Rob Flaherty? Mr. Sauer. He is the, I believe, the digital coordinator for the White House. His level is Deputy Assistant to the President. Mr. Gaetz. What behaviors of Mr. Flaherty did you observe that you found troubling? Mr. Sauer. We've seen many, many pages of emails between Mr. Flaherty and social media platforms where he relentlessly badgers them to increase the censorship of ordinary Americans' free speech on social media. He gets results. You see the platforms agreeing to censor things that are truthful, that do not violate their policies, at the behest and at the pressure of the White House. Mr. Gaetz. Can you give an example of that? Mr. Sauer. One great example of this is the Tucker Carlson video that was going viral in April 2021 where Mr. Flaherty and other White House officials were emailing Facebook privately demanding that it be censored. Facebook responded: This does not violate our policies. It has not been fact checked. But nevertheless, we are substantially deboosting it and limiting its distribution on our platforms, even though we haven't identified anything false in it, and even though it does not . . . . They had a positive determination that it does not violate their policies. Mr. Gaetz. Did you assess that Facebook took that action as a direct consequence of the badgering coming from Mr. Flaherty and the Biden White House? Mr. Sauer. That is a compelling inference from the email traffic back and forth that we obtained in discovery. Mr. Gaetz. Did Mr. Flaherty ever request any reports from social media companies on specific censorship issues? Mr. Sauer. Very frequently. In fact, he was demanding that again and again. His steady drumbeat was what he called borderline content, that the email traffic makes clear borderline is what they call often true content, things like personal anecdotes, opposition to vaccination expressed in terms of political opposition, things of that nature. That is what he wanted to target. He was frequently asking for reports back. They were sending in biweekly CrowdTangle reports to the White House. They did that through the close of our discovery period last August in 2022. So, there was an overwhelming effort to get them to check their homework, if you will, to get them to report back on how much censorship are you doing and is it going to meet our standards as the White House. Mr. Gaetz. An overwhelming effort, badgering social media companies, demanding reports from those social media companies directly to someone in the White House. As my colleagues on the other side of the aisle remind us, not all speech is protected. Some speech is illegal. Did you see Mr. Flaherty constrain his concern to unlawful speech, or did you often see this badgering and this demand for reports from entirely lawful speech? Mr. Sauer. Virtually every--I can't remember a single instance of them going after unlawful speech. Mr. Gaetz. Almost all of it was after lawful speech? Mr. Sauer. Virtually everything that I can recall here was lawful, First Amendment-protected speech that was being targeted. Mr. Gaetz. We heard from the witness that the Democrats brought today that these were but suggestions, that of course the government should be able to make suggestions to social media companies. What would be your response to that testimony? Mr. Sauer. The characterization of them as suggestions is contradicted by overwhelming evidence. Calling Flaherty, for example, Mr. Flaherty's communication ``suggestions'' is akin to saying that the Earth is flat or the moon is made of green cheese. Mr. Gaetz. Well, and of course if someone shared those viewpoints, that would be lawful speech, wouldn't it? Mr. Sauer. You'd be allowed to say that on social media and based on-- Mr. Gaetz. Not if Mr. Flaherty were in charge. Mr. Sauer. That is the difference. In fact, what happened was you had a de facto suppression of many, many views, including truthful views, political organization, at the behest of White House officials and other Federal officials. Mr. Gaetz. I would suggest, Mr. Chair, that when you have these intensely powerful people with the ability to control so many things, even a suggestion is coercive and problematic and worthy of the Committee's review. I yield back. Chair Jordan. I thank the gentleman for his five minutes. The gentleman yields back. The gentlelady from California, Ms. Sanchez, is recognized. Ms. Sanchez. Thank you. I think it's interesting, the last line of questioning. The video that's referenced, if I'm not mistaken, that you just mentioned about Tucker Carlson, was on replacement theory. I think it's interesting that you want to make a bogeyman of Mr. Flaherty, because not one of the emails from Mr. Flaherty or anyone else from the White House required or demanded or mandated any action by social media companies. I just want to clear the record on that. Chair Jordan. Would the gentlelady yield for just a clarification? Ms. Sanchez. No. The time is mine. Chair Jordan. OK. Ms. Sanchez. The time is mine. I would like to use it without interruption. Thank you. My colleagues on the other side of the aisle keep shouting that the Biden White House somehow influenced a private company to take down disinformation in 2020 before a Biden White House even existed. Chair Jordan wanted to make this point so badly that he had the two Republican Attorneys General who began this sham lawsuit come in and make five-minute statements where they could make all kinds of wild allegations, and then he let them scurry away so nobody could ask them any questions about their claims. I really want to focus in on the fact that this hearing really isn't about social media companies, and it's really not about COVID deniers. It's not even about Elon Musk. It's about protecting former President Donald Trump. I'd like to spend a few minutes looking at what Congressional Republicans are doing to try to keep him out of legal trouble. We have a video queued up, if they could show that. [Video shown.] Ms. Sanchez. Mr. Seligman, the general counsel to the Manhattan District Attorney called Chair Jordan's letter a, quote, ``unprecedented inquiry into a pending local prosecution,'' and said that it seeks ``nonpublic information about a pending criminal investigation, which is confidential under State law.'' Can you please explain why it's incredibly inappropriate for Congress to interfere in State and local prosecutions? Mr. Seligman. Any political interference in pending criminal investigations and prosecutions is inappropriate. That's true of political interference into the Department of Justice's prosecutorial decisions, and it's especially true of interference by the Federal government into State and local prosecutions. The fundamental principles of federalism, which conservatives tend to agree with, hold that State and local government is free from the interference of the Federal government into these police matters. Ms. Sanchez. Chair Jordan apparently wrote to Mr. Bragg after Trump's attorneys asked him and after Trump himself claimed online that he was about to be arrested. Why would it benefit Donald Trump for Congress to intervene on his behalf in this criminal action? Mr. Seligman. Well, it appears that the purpose and the motivation is to try to influence the Manhattan District Attorney into not pursuing the charges that it has been publicly reported that he is pursuing. Ms. Sanchez. Why is even the appearance of a former President directing the action of Members of Congress dangerous to democracy? Mr. Seligman. Because the rule of law applies to all of us, whether we're a former President or merely a lowly law professor. All of us are protected by the procedural protections of the Constitution, and all of us are subject to the law without fear or favor. Political interference into criminal prosecutions, whether that's interference to bring cases that would otherwise not be brought or interference to protect politically powerful defendants from cases that ought to be brought, undermines the rule of law and democracy. Ms. Sanchez. To me, Chair Jordan's demand appeared to be an intimidation tactic plain and simple, and he's using this very Committee to carry out that intimidation. Isn't that, in fact, the very definition of weaponization of the government? Mr. Seligman. I see why you say that, and it is inappropriate for a Congressional Committee to inquire into a pending criminal investigation. Ms. Sanchez. I thank you for your testimony. I yield back. Chair Jordan. The gentlelady yields back. The gentleman from Florida, Mr. Steube, is recognized. Mr. Steube. Thank you, Mr. Chair. Mr. Sauer, earlier this week I questioned HHS Secretary Becerra before the Ways and Means Committee, and I asked him about a report put out by a private research organization called Cochrane that found masks may not be effective in preventing COVID. That same organization did an about-face a few weeks later. In January, they issued the report finding there was no scientific evidence or proof that masks worked, and then, on March 10th, they issued a report that basically said: Well, what we said before was not fully accurate. Secretary Becerra claimed that he had no knowledge of HHS or anyone in the administration pressuring Cochrane to withdraw their findings, and I specifically asked him that. He was under oath. I specifically asked him if he knew if anybody in HHS had any information as it related to that. From your experience, has HHS pressured private organizations to take certain stances and censor information regarding COVID? Mr. Sauer. Yes. Our evidence includes pretty extensive emails involving senior HHS officials, including within the Office of the Secretary, involved in these kinds of pressure campaigns to engage in censorship. We also have extensive evidence of subagencies within HHS, which is described in some detail in my written testimony, including NIAID, NIH, and the CDC. Mr. Steube. Well, and the Biden Administration and these emails, much to the chagrin of my colleagues on the other side who say there's no evidence that Mr. Flaherty was working with Facebook, I mean, these emails that you put are actually part of your statement today. Is that correct? Mr. Sauer. That is correct. Mr. Steube. You have conversations here about content, you have conversations here about vaccines, you have Facebook sharing attachments and research with Mr. Flaherty. You have Mr. Flaherty telling them, I think, like actually telling them what Facebook should be doing. I'll just read a quick excerpt. Again, this is in the materials that you provided to the Committee: Generally, I think some combo of the following would be effective, some kind of thing that puts the news in context if folks have seen it, like COVID news panel. He's directing Facebook of how they should promulgate information, which I would say is disinformation, but their opinion on certain information, and it's right there in your testimony that you've given here today. Can you just like expand on that a little bit? Mr. Sauer. Sure. Thank you for the question, Representative. We see email after email after email from the White House, from Mr. Flaherty, pressuring specifically Facebook, but also other social media platforms to take down disfavored viewpoints. The emphasis in those emails is on true content. The reason that the emphasis is on true content is because, he almost says this in so many words in one of the emails, that the true content is what they perceive to be doing the most to undermine the narrative that the White House favored at the time. So, it's viewpoint discrimination targeting truthful speech that they perceive to be the most damaging to the narrative that they're pushing. Mr. Steube. Which you have actual emails from the White House as part of your testimony today. Mr. Sauer. We have submitted those, yes. Mr. Steube. I would just--it's already in the record, but I just want to bring people's attention to that. As it relates to that, the Surgeon General also pressured big tech companies to only allow on their platforms administration-approved information about COVID. Could you go into a little detail about that? Mr. Sauer. That's exactly correct. What we see is what's probably an orchestrated pressure campaign involving the Surgeon General and the Surgeon General's office in what their witness described in sworn testimony is their bully pulpit, to engage in a pressure campaign that reinforced the pressure campaign that was happening largely covertly from the White House but also at key points became very public. For example, May 5, 2021, July 15-16, 2021, you have very public pressure from the White House. Then, behind the scenes you have emails where the Office of Surgeon General and the White House are in a sense teaming up with the social media platforms to pressure them to remove the information that they thought was unworthy of First Amendment protections. Mr. Steube. I've only got a little less than a minute, but could you use the remainder of your time to talk about the more inappropriate ways that the administration sought to control information related to COVID and vaccines? Mr. Sauer. Yes. There's a whole series of these that are set forth in my written testimony. You have the pressure campaign from the White House that involved both public and private components. That was executed in, as I said, kind of in tandem with a similar pressure campaign from the Surgeon General's office. Also, you see both extensive evidence of federally induced censorship out of NIAID under the leadership of Dr. Fauci, and also the CDC, who we haven't mentioned today. You see the CDC both having meeting after meeting after meeting and flagging specific content, individual posts in large numbers, saying be on the lookout for this, this is what we, the CDC, want you to censor. You see the platforms responding by kind of deferring to the CDC and allowing the CDC to dictate what Americans can and cannot say on social media. Mr. Steube. My time is expired. Thank you for being here today, and I look forward to working with you. Chair Jordan. I thank the gentleman. The gentleman yields back. The Chair now recognizes Mr. Garamendi from California for five minutes of questions. Mr. Garamendi. Thank you, Mr. Chair. Before we broke for votes, the issue from one of my colleagues came up about comparing the administration with the German Stasis. Mr. Seligman, I'd like you to talk about this inappropriate comparison. Mr. Seligman. It is an inappropriate and inaccurate comparison. The allegations in the lawsuit brought by Mr. Landry and others are that the Federal government coerced social media platforms into censoring content. There has been vague talk about pressure campaigns in emails between White House officials and social media campaigns. In Federal court you have to make allegations about what exactly the threats were. So, from the record of the case, here is the Cybersecurity Infrastructure and Security Agency, the emails that are cited by Mr. Landry's lawsuit as threats. CISA will not take any action favorable or unfavorable toward social media companies based on decisions about how or whether to use this information. CISA neither has nor seeks the ability to remove or edit what information is made available on social media platforms. In light of this absence of a threat in the communications between government officials and social media platforms, the lawsuit turns to other allegations of threatened action. It turns to two. The first is antitrust action against big-tech companies, and the second is reform of Section 230. Now, these are implausible bases for threats by the Biden Administration against big-tech companies, and the reason is because there's a growing bipartisan consensus that big-tech companies should be subject to more antitrust enforcement. For example, on May 19, 2022, Congressman Gaetz was among a group of four bipartisan Congress Members who introduced legislation that, quote, ``takes direct aim at Google and Facebook's ad market duopoly.'' So, Congressman Gaetz introduced legislation that targeted Facebook and Google for antitrust scrutiny. I don't think that this makes him threatening, in violation of the First Amendment, Google and Facebook such that their decisions on content moderation are suddenly the responsibility of Congressman Gaetz. Similarly, on June 11, 2021, Chair Jordan introduced the Protect Speech Act, which would have reformed Section 230 to limit or eliminate the immunity that social media platforms have for civil liability for content posted on their platforms. This too was a legislative proposal that is exactly the same type of legislative proposal that this lawsuit and Republicans on this panel are suggesting constitutes a threat. I don't think that Chair Jordan's introduction of legislation constitutes a threat in violation of the First Amendment. So, once we move past the vague allegations of threatening emails and look to what the lawsuit actually alleges, we see there were no threats, and the challenged coercive action was just legislative proposals that have been made both by Republicans and by Democrats. Mr. Garamendi. Thank you very much. It's useful to note the actions of the Members of this Committee in that regard. Thank you very much. As we look at what is going on here, our friends across the aisle here continue to claim that there's censorship. Last hearing, I provided substantive information and multiple studies that showed that the social media actually amplifies far-right voices more than left voices, including their false claims about election interference and their efforts to spread COVID disinformation. So, if there really is a problem here, it obviously isn't working. The Select Committee on the Weaponization of Government is really missing the major weapon that was used by the previous administration. President Trump used the Federal government, used his position as President and his office of the presidency and others in the administration to promote the big lie that the election was stolen. There is no doubt the January 6th Committee proved this beyond a doubt, that's exactly what happened. That is the example of weaponization that this Committee should be paying attention to and should be looking for legislation, that this kind of weaponization by the President of the United States to stop the lawful transfer of power in an election in which there was no proven fraud, that this is where we should be spending our time. My time having expired, I yield back. Mr. Johnson of Louisiana. [Presiding.] The gentleman's time has expired. The gentleman from North Carolina, Mr. Bishop, is recognized for five minutes. Mr. Bishop. I yield to Mr. Gaetz. Mr. Gaetz. I'm shocked that I have to explain to a law professor that there's an obvious difference between engaging in the legislative process that is open and transparent and subject to our constitutional system rather than having some skeevy White House staffers trying to threaten social media companies under the auspices of some sort of allowed content moderation. I yield back to the gentleman from North Carolina. Mr. Bishop. I thank the gentleman. Mr. Sauer, Mr. Seligman's testimony asserts that the Federal government didn't threaten or coerce the social media platform. It says the Attorney General's complaint that you're litigating in Federal court lacks a reasonable legal and factual basis. It didn't mention--as I understand it, just last week, the United States District Judge in that case denied the administration's motions to dismiss. Doesn't that denial mean the opposite of what Mr. Seligman testified? Mr. Bishop. Turn on your mike. Is your mike on? Mr. Sauer. Our Federal District Judge came to the opposite conclusion. Mr. Bishop. Yes. So, that conclusion is that the complaint plausibly alleges, but it gives plausible factual allegations in support of a legally sufficient legal theory that this censorship scheme, in fact, violates First Amendment. Can you summarize some of the allegations of fact concerning coercion and threats that you tendered to the court to lead to that conclusion? Mr. Sauer. Yes, and I premise that by saying, in fact, there's more than one way you can violate the First Amendment. There is coercion. There's joint participation. There is conspiracy. There is deception. There is pervasive entwinement. There is significant encouragement. So, even if we hadn't alleged threats, it would in no way undermine our claim that there's a First Amendment violation. There's overwhelming evidence of threats. If I may, I can summarize some of those. Mr. Bishop. I'll give you a little bit of time on that. Mr. Sauer. Obviously, one of things we have alleged is that the threats about anti-trust liability and Section 230 repeal or replacement. Those on one side are tied to demands for greater censorship. It's one thing for a Federal official to say we should repeal or replace Section 230 immunity. It's quite otherwise for them to say: You better censor private Americans' speech on social media, or we will take that action against you. Mr. Bishop. All right. Mr. Sauer. It's the threat linked to the demand, which is what violates the First Amendment. The case was abundantly clear on this, and the evidence of that is overwhelming. That's not all. We have all kinds of other threats. For example, in Elvis Chan deposition, it was revealed that Congressional staffers had been flying out to Silicon Valley to privately meet with the social media platforms since 2017, bringing proposed legislation with them to threaten them with adverse legal counsels if censorship didn't improve. What Mr. Chan, the government's FBI agent testified, is that this was effective. How they experienced the pressure, it made a huge difference. It censored-- Mr. Bishop. How FBI agents did Twitter say interacted with Twitter? Mr. Sauer. I can't remember off the top of my head-- Mr. Bishop. That was in eighties. Isn't it? Eighty- something. Mr. Sauer. Certainly, the Foreign Influence Task Force includes about 78-80 agents, I believe. Then there's another eight in San Francisco office alone that are involved in these activities. Mr. Bishop. I know your written testimony contains hundreds of pages of these allegations. So, it's interesting. Mr. Seligman, you refer to yourself as a professor. Now, you're a fellow at the Constitutional Law Center at Stanford Law School. Isn't that right? Mr. Seligman. That is correct. Correct. Mr. Bishop. You are not on the faculty at Stanford Law School. Mr. Seligman. That's right. I didn't claim otherwise. Mr. Bishop. You graduated from law school in 2011. Your LinkedIn resume suggests you hadn't had any jobs longer than about 3\1/2\ years since then. I looked on Lexis, I couldn't find any case in which you've served as counsel of record in which you've finally prevailed. Can you name one? Mr. Seligman. I have worked on legal teams that have prevailed at every legal of the Federal judiciary, including the Supreme Court of the United States. Mr. Bishop. Can you name a case? Mr. Seligman. Yes, sure. So, Tyson v. Bouaphakeo, which is a case that the Supreme Court-- Mr. Bishop. Tyson versus what? Mr. Seligman. Bouaphakeo. It was a case about Rule 23 class certification. It prevailed. Mr. Bishop. OK. What reason is--so you're not a professor-- you don't--do you claim expertise in the First Amendment? Do you claim to be a First Amendment expert? Mr. Seligman. I am an expert in constitutional law, including the First Amendment, yes. Mr. Bishop. Interestingly enough, on your website, on the Stanford website, it says you're an expert in election law. You also have broad research interest in constitutional law. It doesn't even mention First Amendment. Mr. Seligman. As many legal scholars do, I have a diverse set of interests. Mr. Bishop. Mr. Sauer, wouldn't it be squarely in conflict with the First Amendment to censor Mr. Seligman's opinion just because it conflicts with the official narrative as represented by the District Court judge's opinion? Mr. Sauer. Absolutely. The First Amendment protects everybody. Mr. Bishop. Can you take, in the last few seconds I have got, and talk briefly about how the Election Integrity Project and the Virality Project have moved to censoring whole narratives. Mr. Sauer. Yes, there is. I see the time is almost up. There was a concerted effort that we see in the evidence to censor narrative or narrative level where a narrative could contain hundreds of thousands of social media posts, and that is operated out of Stanford University. Mr. Bishop. Thank you. Mr. Johnson of Louisiana. The gentleman's time has expired. The gentleman from Texas, Mr. Allred, is recognized for five minutes. Mr. Allred. Thank you, Mr. Chair. Mr. Sauer, when you came to the Capitol today, did you go through security? Yes or no? Mr. Sauer. Yes. Mr. Allred. Did you interact with Capitol Police at all when you did that? Mr. Sauer. I may have said hello to one of them. Mr. Allred. Well, just over two years ago, one of the police officers you saw might have been more than 150 officers who were injured when the Capitol was attacked by a violent mob, or one of the hundreds more that are still dealing with mental trauma from that day. That attack was organized, in some cases orchestrated on social media. Those officers' lives were put at risk, and seven people died in connection with the attack on January 6th. Are you familiar with the Internet Record Agency located in St. Petersburg Russia? Yes or no? Mr. Sauer. There is some evidence relating to it in our case. Mr. Allred. Are you familiar with it? Mr. Sauer. So, I would say that a level of familiarity at some level, but limited. Mr. Allred. Sure. Well, it's a Kremlin asset that uses fake accounts, bots, and hack materials to influence elections here in the United States in 2016, 2020, even 2022. That's not my opinion. It was at the center of a 2018 DOJ criminal indictment for its efforts to interfere with elections in our political processes. Do you know who was President of the United States in 2018? Mr. Sauer. President Trump. Mr. Allred. President Trump was in office. I note the attack on January 6th and the Russian misinformation efforts to point out that our social media is being used to incite violence and by foreign actors who do want to undermine our democracy. Despite that, as you noted in your testimony, Mr. Seligman, the agencies responsible for our national security are not requiring that content be taken down; they have flagged it. The decision has rested with those private companies. Is that correct? Mr. Seligman. That's correct. Mr. Allred. Maybe the most--one of the most egregious examples that's come out in the series of Congressional hearings we have held about this from a White House official contacting a social media agency, a social media company, was the Trump White House reaching out about a Chrissy Teigen tweet and saying that it should be taken down because it said mean things about the President. Can you imagine that? Do you think that was a violation of the First Amendment, Mr. Sauer? Mr. Sauer. We haven't seen that tweet. In our case, I'm not familiar with it. I would emphasize that for any Federal election-- Mr. Allred. Are you not familiar. Mr. Sauer. --for any Federal elected official to demand that content be taken down raises serious First Amendment concerns. Mr. Allred. Good. Well, then, OK, so you're saying that when the Trump White House did that, that raises concerns for you? Mr. Sauer. I would say, if any Federal official, elected or unelected, is communicating with social media platforms and demanding that content be taken down, that raises grave First Amendment concerns. We put in evidence of that occurring on-- Mr. Allred. Listen, listen-- Mr. Sauer. --the scale of hundreds, hundreds of millions-- Mr. Allred. The issue here is that much of the--some of the discussions that we're talking about here occurred when Trump was in office. There's a claim of some vast conspiracy led by the Biden Administration, much of it centering on activity by the FBI around the last election when Donald Trump was in office. The Trump--I'm not asking a question yet. The Trump White House itself was reaching out to social media companies, trying to suppress certain discussions. The truth is that, despite all the claims being made here today, that social media is being used to censor Conservatives, the truth is that their platforms have repeatedly failed to prevent their own platforms from being used to incite violence, to spread disinformation, and said Twitter actually changed its own policies to allow Donald Trump to repeatedly spread lies about the election. We have some examples I would like to put up here really quickly. [Slide.] All the way back in May 2020, six months before the election, President Trump was tweeting that this would be a rigged election. That there will be massive fraud and abuse. That 2020 will be the most rigged election in our Nation's history. That content was not taken down. It was allowed to stay up. That doesn't sound like censorship to me. Those decisions were made by private companies during Donald Trump's Presidency. Mr. Seligman, I don't have a lot of time left, but I just wanted to ask you as an expert, in a democracy, what does it do when statements like this from a head of State are allowed to attack the very democracy they're supposed to be leading? Mr. Seligman. I think it inflames people's political passions, and when hundreds of millions of people see claims like that and believe them and believe that our elections are not free and fair, contrary to fact, some of them ultimately take extreme action in response to that. That is the danger of misinformation. Mr. Allred. It was still allowed to stay up. Mr. Johnson of Louisiana. The gentleman's time has expired. Mr. Allred. Now, there's no ground of conspiracy. Take off the tinfoil hats and understand what is really going on-- Mr. Johnson of Louisiana. The gentleman's time has expired. Mr. Allred. --and understand what's really going on. Mr. Johnson of Louisiana. The gentleman from Kentucky, Mr. Massie, is recognized for five minutes. Mr. Massie. Mr. Seligman, are you familiar with the lawsuit against President Trump where he blocked people on Twitter? Mr. Seligman. Yes. Mr. Massie. Very briefly. As briefly as you can State it, what was the issue there. Mr. Seligman. It's been a while since I've looked at the case, so I will speak from my recollection. So, President Trump blocks people on Twitter and, of course, as a private user, if had not been President, there would be no question that he had the right to do that. So, the question in the case was whether his taking that action while he was President and therefore wielding governmental power amounted to a violation of the First Amendment. Mr. Massie. Wasn't it a particular issue of the First Amendment that these were constituents who were trying to make their voices heard to the government? Mr. Seligman. That's right, as Attorney General Landry, I believe, mentioned before the right to petition for redress of grievances is part of the First Amendment. Mr. Massie. I think it's a very important part of the First Amendment. If you can't communicate with your government, how do you get any redress? So, I think it's really--we really have to be concerned when constituents who are trying to address their elected representatives, their voices get squelched. Before I get to a particular instance of that, I want to ask you, Mr. Sauer, how did the CDC, the Surgeon General, and NIAID communicate with social media platforms to influence them? Mr. Sauer. They did it in different ways. You see a lot of email traffic that was not public at the time where there's censorship activities that were out of public view. Mr. Massie. Like at CDC, what was the particular channel there? I heard that they had some portal partnership that they could access directly to Twitter. Who were the people involved? Mr. Sauer. That's correct. You see both Twitter and Facebook offering Federal officials privileged access to be sort of privileged flaggers of misinformation, using something that Twitter calls the partner support portal and something that the Facebook emails describe as Facebook's mis-info reporting channel. They would assure them: Hey, if you go through this process, you'll get very prompt responses. We'll prioritize escalation of your concerns. Mr. Massie. So, the government literally signed up as a partner with the social media companies? Mr. Sauer. I think that's a very fair comment on our evidence. Mr. Massie. So, one other avenue that I want you to tell us about that the government may have had influences is this Virality Project. Can you tell us what that is and what they do and if they receive taxpayer money? Mr. Sauer. The Virality Project is a kind of consortium of private entities working hand in glove with the Federal government. It's really just an extension under a different name with the Election Integrity Partnership. You're talking about entities like Stanford Internet Observatory, the University of Washington's Center for an Informed Public, Graphika, and the Atlantic Council's DFRLab collaborating closely with State, Federal, and local government officials, and collaborating closely with the social media platforms, all at once to engage in a mass surveillance and mass censorship program for social media, the breadth of which is staggering. Mr. Massie. Imagine my surprise when I found out that the Virality Project was targeting my communications in social media with my constituents. In June, they said Representative Massie uses Cleveland Clinic study to allege, counter to CDC guidance, that previously infected people do not need the vaccine. [Chart.] They were concerned that my Fox News interview had gone viral with 393,000 Facebook views. Then, finally, they said, whether or not this is a case in which scientific consensus is changing. In other words, whether this is true or not, they said that natural immunity key narrative is a source of uncertainty, not only among anti-vaccine activists, but also among the questioning and hesitant. That uncertainty must be addressed by experts and openly and responsibly communicated to the public. This Virality Project, working with the government, was advising the social media companies on what to censor. Is that correct? Mr. Sauer. That's correct. That's correct. Mr. Massie. So, here's what I find disturbing, not necessarily that my tweets were censored, but this is one of the tweets where natural immunity's better than vaccine immunity. There were multiple studies supporting that. I had subsequent tweet, just like this, that references studies. It got blocked, too. What concerns me is this statement down here. This tweet can't be replied to, shared, or liked. OK. Shared. When we do this to constituents, are we squelching their First Amendment? Mr. Sauer. Absolutely. The Knight v. First Amendment case that Mr. Seligman was talking about in the Second Circuit held that liking, commenting, reposting, retweeting--there's case law indicating these are First-Amendment-protected activities. Mr. Massie. I think it's appalling that we've got evidence that the First Amendment was violated by the Executive Branch, particularly people trying to redress their government. I yield back. Mr. Johnson of Louisiana. The gentleman's time has expired. The gentlelady from Texas, Ms. Garcia, is recognized for five minutes. Ms. Garcia. Thank you, Mr. Chair. On July 16, 2021, a reporter asked President Biden what his message was to social media platforms when it came to COVID-19 disinformation. He replied, quote: ``They're killing people,'' end quote. I know one of our missing witnesses referenced that quote earlier, but I can't ask him about those questions because he has been excused. [Chart.] Now, if you look at the chart behind me, this represents the consequences of vaccine signs' denialism. The arrow points to May 2021 when the vaccine became widely available in the United States. The deaths to the right of the arrow represent a continued wrath of COVID on our country, mostly among unvaccinated people in Texas and the Southern U.S. As you can see, 200,000 lives could have been saved. That's how many people were killed. Now, if we used the same formula, that means that 15,000 lives could have been saved in Chair Jordan's State of Ohio or 5,000 lives could have been saved in Chair Johnson's State of Louisiana. That's a lot of people. Many communities across the United States have been utterly devastated by COVID. You know I represent parts of Houston, a big city. I was born and raised in a small Texas rural community. In Duval County, where I was born, one out of 151 people died of COVID. In a similar community like Lamb County, Texas, nearly one out of every 100 people was killed by COVID. This death rate was one of the highest in the country and three times that of the Nation as a whole. In fact, across the country, rural America's death rate has been nearly 40 percent higher than that of those in cities. This is tragically sad. I believe it's vaccine denialism that have cost these Americans deaths. Only 56 percent of rural residents are fully vaccinated versus 67 percent of their urban counterparts. In my home State of Texas, it's estimated that 2,000 lives could have been saved if we had reached the vaccination levels of places like Vermont or Connecticut. Mr. Sauer, you cited Missouri v. Biden, plaintiff's motion for preliminary injunction. That motion claims that Biden's statement that the social media companies are, quote, ``killing people by letting vaccine disinformation spread'' was somehow illegal censorship. I, frankly, could not disagree with you more strongly. I have a simple fact question for you today. Mr. Sauer, do you agree that the COVID vaccine saves lives? Just a yes or no, please. Mr. Sauer. In my view First Amendment-- Ms. Garcia. Mr. Sauer, I asked for a yes or no. Yes, two simple words. Yes or no. Mr. Sauer. I have no opinion to talk with the Committee-- Ms. Garcia. So, you're Harvard-trained. You pretend to be an expert here, and you cannot answer the simple question of whether or not you agree that COVID vaccine saves live? Mr. Sauer. I have no-- Chair Jordan. Gentleman, Mr. Sauer, if you could hit the microphone. Ms. Garcia. Mr. Seligman, will you answer my question since it looks like our Harvard colleague over there cannot? Mr. Seligman. Yes, I believe vaccines saves lives. Ms. Garcia. Thank you. Mr. Sauer, you also signed a Missouri v. Biden Second Amendment complaint which criticized Twitter for removing content suggesting that, quote, ``face masks do not work to reduce transmission or to protect against COVID-19.'' Well, a journalist in Texas did a lot of the work that apparently you haven't and compiled 49 studies all showing that masks effectively reduce the rate of COVID transmission. Mr. Sauer, yes or no, again, do you agree that face masks stop the transmission of COVID? Mr. Sauer. I refer you to the-- Ms. Garcia. Sir, a yes or no again. Mr. Sauer. Again, Congresswoman, I refer you-- Ms. Garcia. It is my time; I want a yes or no. If that's too hard for you, then I'll just move on. So, I'll ask you, Mr. Seligman, do you agree that face masks stop the transmission of COVID? Mr. Seligman. My understanding is the scientific evidence is, yes, it does. Ms. Garcia. All right. So, Mr. Sauer, your motion for preliminary injunction claims that, even the U.S. Department of Health and Human Services' efforts to gather information about how widespread COVID-19 disinformation could somehow be censorship. Knowing how the American people are being lied to is not censorship. I guess you might be scared what the data will show. Mr. Sauer, again, a yes or no, do you believe that public health experts need data about the impact of disinformation to stop people in places like rural Texas from dying from this pandemic. Mr. Sauer. Federal officials should not be demanding data about people's political and social opinions expressed on social media. Ms. Garcia. Please answer yes or no. Yes or no, please. Mr. Sauer. I reiterate what I said. Under the First Amendment-- Ms. Garcia. You are refusing to answer my question. Mr. Sauer. Under the First Amendment, a Federal official should not be demanding that. Ms. Garcia. You are refusing to answer my question. Mr. Seligman, do you agree that data on disinformation is necessary to help stop these lies from spreading. Mr. Seligman. Yes. Ms. Garcia. Thank you. You are on actual expert on disinfor- mation-- Chair Jordan. The gentlelady's time has expired. Ms. Garcia. Thank you, Mr. Chair. I yield back. Chair Jordan. Thank you. The Chair now recognizes the gentleman from North Dakota, Mr. Armstrong. Mr. Armstrong. Thank you, Mr. Chair. Mr. Seligman, your testimony describes that--State action case law--and I'll try and boil that down in its simplest terms, that it comes down to the distinction between convince and coerce. You State that, because there was no overt threats to the platforms, that the government is in the clear. I want to be clear: I reject that premise and agree significantly more with Mr. Sauer. For the sake of argument, let's continue that each individual instance only constitutes attempts to convince platforms by the administration. We still have to view this in its totality. There was an unprecedented level of continuous engagement between the administration and social media companies to address not only categories of speech, but specific individuals, specific content, and specific viewpoints. The sheer quantity has a quality all its own. The administration performed this unprecedented level of continuous engagement at several levels: The FBI, the CDC, the Department of Homeland Security, essentially every single alphabet soup agency; the White House. That's not even taking into account the State Department funding a nonprofit whose goal was to censor such radical media as The Federalist, Reason, and the New York Post. In one instance, a White House staffer, Rob Flaherty, sent this exact message to Google: This is a concern that is shared at the highest level, and I mean the highest levels of the White House. He's talking about the President of the United States. This is coming from an administration that has supported and advanced several policies directly targeting the business models of social media companies. Anti-trust enforcement, Section 230, encryption. The list goes on and on. Regardless of which government agency is pressuring these social media companies on any particular issue, they were all being received by the same contract- moderation teams at those social media companies. The administration isn't going to say: Do this, or we will shut you down. To be quite honest, that's not how government coercion is carried out. They are never going to directly threaten anyone. The message is clear from a continuous request: Play ball or else. The end result is harming Americans' First Amendment right to speak and also to receive information. Understanding that content--Mr. Seligman, understanding that content-based restrictions are unconstitutional, are you not at all different concerned that the administration's continuous actions have chilled Americans' free speech rights. Mr. Seligman. I don't think that the administration's actions constitute a First Amendment violation. As you noted, I don't think there were any overt threats, and I don't think there were any covert threats as well. The best indication that we have of that is that social media platforms could and did disagree with the suggestions that were offered by governmental officials, and they made decisions that conflicted with those recommendations without consequence, repeatedly. Mr. Armstrong. Well, without consequences. They got a lot of emails back and forth. Mr. Sauer, we all understand that, if Federal law enforcement wants to search the trunk of your car, you need a warrant. The Federal government can't get around that warrant by using a Capitol security guard to open that trunk and then look what's in it. One of the biggest things that we've been continuing to talk about in this context is the third party doctrine. If the DOJ can't search my car without a warrant, they can't use a security guard to search my car. This administration, even though they can't directly censor First Amendment viewpoint discrimination, is trying to use social media companies to carry out their tasks. How do you view that moving forward? Mr. Sauer. That is a grave threat to liberty. It directly undermines the First Amendment. Your statements are supported by overwhelming evidence in the record. Mr. Armstrong. The answer about the third party doctrine, which we have carried out in different things and we're dealing with it now just as simply new, and we continue to move forward. What recommendation would you have for us as Congress to start dealing with this issue? Mr. Sauer. I believe that this Subcommittee should take a very close look and scrutinize the various forms of First Amendment violations we see in this case, again, not just coercion but also joint participation and significant entwinement. For example, when you have Federal and State officials working hand in glove with nonprofits like the Stanford Internet Observatory, which are also tightly connected to social media platforms to engage in mass surveillance, to engage in the censorship of--we're talking about millions and millions of social media posts, systemic First Amendment violations--that needs to be carefully scrutinized. Mr. Armstrong. Then, just with the little time I have left, I know it came up earlier with objectionable. Provided that speech is lawful, content-based discrimination by the U.S. Government is a First Amendment violation. Mr. Sauer. Correct. Mr. Armstrong. So, the fact that this speech is objectionable, again, provided that it's constitutionally protected, it's irrelevant to when you're dealing with government discrimination. Mr. Sauer. That's exactly right. Under the First Amendment, government officials don't get to decide what is objectionable or what is true and false. We get to decide that. Mr. Armstrong. It absolutely has to be that way; otherwise, who polices the policers? Mr. Sauer. You're absolutely right. This is the heart of the First Amendment. Mr. Armstrong. Thank you. I yield back. Chair Jordan. I thank the gentleman. The gentleman yields back. Ms. Garcia. Mr. Chair. Chair Jordan. We now recognize-- Ms. Garcia. Mr. Chair, I ask for unanimous consent to enter four documents into the record. Chair Jordan. Without objection. Can you identify the documents first, though? Can you identify the documents? Ms. Garcia. Sure. The first is a Time Magazine article is entitled, ``In this Texas County, There's No Such Thing As Moving on From COVID.'' From KXAN News in Austin, ``Do face masks work? Here are 49 scientific studies that explain that they do.'' From The Washington Post, an article entitled, ``The inside story of how Trump's denial, mismanagement, and magical thinking led to the pandemic's dark winter.'' Finally, a report published in PLOS Global Public Health by Peter Hotez, Dean of the National School of Tropical Medicine and Professor of the Departments of Pediatrics and Molecular Virology and Microbiology at Baylor College of Medicine, and the Endowed Chair in Tropical Pediatrics and Co-Director for Vaccine Development at Texas Children's Hospital entitled, ``The Great Texas COVID Tragedy,'' be entered into the record. Chair Jordan. Without objection. Ms. Garcia. Thank you. Chair Jordan. The gentleman from New York is recognized for five minutes of questions. Mr. Goldman. Thank you, Mr. Chair. Mr. Sauer, did you discuss the substance of your testimony here today with any Members of this Committee? Mr. Goldman. I can't hear you. Can you turn your microphone on. Mr. Sauer. Pardon me. I participated in a briefing yesterday afternoon with Members of the Subcommittee when my testimony had already been finalized. Mr. Goldman. Were any Democratic members included in that briefing? Mr. Sauer. I can't say for sure. I don't know all the Members who were involved. Mr. Goldman. You don't know? Mr. Sauer. I don't know. I'm not as familiar with the membership of the Committee as perhaps I should be. Mr. Goldman. Am I correct that--I'll just note, for the record, there were no Democratic Members in that briefing. Am I correct, sir, that you are one of the lawyers that brought the lawsuit that we are discussing here today? Mr. Sauer. That is correct. Mr. Goldman. So, you're a party to that case? Mr. Sauer. No, I'm an attorney. That's very different. Mr. Goldman. Well, you represent Louisiana. You work for the Attorney General's Office of Louisiana, and Louisiana brought the case? Mr. Sauer. That's correct. It would be inaccurate to describe me as a party. Mr. Goldman. OK. You don't decide whether or not your arguments that you make in that case and that you're making here today are valid or not, do you? Mr. Sauer. They seemed very valid to me. The judge will make a decision in our case. Mr. Goldman. The judge makes the decision, right not you? Mr. Sauer. Correct. Mr. Goldman. As you know, the District Court did not decide in its opinion whether your assertions are correct, right? Mr. Sauer. The District Court dismissed the pending motion to dismiss by the Department of Justice, saying that we had alleged sufficient facts to State claims, and we will have a hearing in late May on our pending motion for preliminary injunction. He has not ruled on that yet. Mr. Goldman. So, just so laypeople can understand, a motion to dismiss just says that, if the allegations that you make are true, you can continue with your claim. A preliminary injunction will actually address the evidence that you're discussing, right? Mr. Sauer. That's correct. Mr. Goldman. OK. Now, are you expecting that the Department of Justice will appeal the motion to dismiss order? Mr. Sauer. You would have to ask them--well, actually, the motion to dismiss order, it's very unlikely because there is no procedural right to appeal that. So far, they haven't made any attempt to do that. They would have to do by pursuing what's called an extraordinary writ. That would be very unusual. That said, I do not speak for them. Mr. Goldman. Do you read the news, sir? Mr. Sauer. I'm sorry? Mr. Goldman. Do you read the news? Mr. Sauer. Some news. Mr. Goldman. Are you aware of reporting that Donald Trump's defense attorney asked Republican Members of the House of Representatives to intervene in an ongoing criminal investigation into himself in a local prosecutor's office? Mr. Sauer. I don't recall reading that. Mr. Goldman. OK. If that were the case, would you consider that to be called, quote, ``directing,'' unquote that the House of Representatives act on behalf of Donald Trump? Mr. Sauer. I would have to know much, many more facts before I'm able to make any kind of judgment like that. Mr. Goldman. Right. All right. Well, I just want to understand because you talk a lot about directing here, that the government is directing. Then you also say that there's a compelling inference. Now, we lawyers understand that inferences only occur when you don't have direct evidence to support it. So, I would also just want to note that. Mr. Sauer. We have overwhelming-- Mr. Goldman. There's no question--the sad reality here is that we are continuing to go down this phantom narrative that the White House or the Biden Administration coerced social media companies into censoring anti-vaccine and election disinformation and misinformation. Now, we know why that is because the Members on the other side of the aisle believe that disinformation and misinformation, if it gets out there, is politically beneficial to them. Unfortunately, neither you nor they have presented any direct evidence to support this. I would actually submit that this hearing is more notable, not because of the topic and the witnesses, including two who were too afraid to stay and answer questions, but because of what we are not focusing on. Apparently, this Committee is no longer focused on the so-called dozens and dozens of FBI whistleblowers who were supposedly going to show some massive government conspiracy to attack Conservatives. Three of them have now come in for transcribed interviews over a month ago. Where are those witnesses, Mr. Chair? Let's bring them in. Bring them in right here so that the American people can see for themselves what is the entire basis of this Subcommittee. Now, you want to talk about censorship. You imagined in your opening statement a world where the FBI sends a list of books that should be pulled from their shelves. Luckily, we don't have to imagine that, sir. Are you aware that recent laws in Florida have resulted in the mass removal of books that are now banned in public schools? Mr. Sauer. I don't know about Florida. I do know that we have sworn testimony from FBI agent Elvis Chan that directly backs up the analogy I drew in my opening statement. Mr. Goldman. OK. Well, you should go look into it-- Mr. Johnson of Louisiana. The gentleman's time has expired. Mr. Goldman. --because Florida right now is banning books. You would agree that's a violation of the First Amendment, do you? Mr. Johnson of Louisiana. The gentleman's time has expired. Mr. Goldman. Can the witness answer the question. Mr. Johnson of Louisiana. No, because you were over your time. Because you addressed the Chair, I will stay tuned, Mr. Goldman; there's much more to come in this Committee. The gentlelady from Florida, Ms. Cammack, is recognized for five minutes. Ms. Cammack. Thank you, Mr. Chair, and thank you to our witnesses for appearing before us here today. I have heard your last name pronounced a couple of different ways today. How is it properly pronounced? Mr. Seligman. Seligman. Thank you very much. Ms. Cammack. Seligman. Mr. Seligman. Seligman. Ms. Cammack. OK. Thank you, Mr. Seligman. You stated you are an expert in constitutional law, correct. Mr. Seligman. Yes. Ms. Cammack. OK. Excellent. In your testimony, your written testimony, which was provided to us late last night, it says that, quote--this is your writing: No government official ever threatened any social media platform with adverse action if a platform declined to moderate content flagged by the official or if a platform decided not to take an official's suggestions. Do you stand by your testimony? Mr. Seligman. Yes. Ms. Cammack. OK. Now, a few minutes ago just prior, you said that Members of the Legislative Branch don't qualify for this particular statement, despite the fact that you said no government official ever. Does a Representative in Congress constitute a government official? Mr. Seligman. Well, let me clarify from earlier. Ms. Cammack. Please do. Mr. Seligman. I don't think that legislative proposals that were brought by Republicans or Democrats constitute threats against social media platforms. That's true whether--with respect to Section 230 reform. Ms. Cammack. Sure. Mr. Seligman. It's true with respect to anti-trust enforcement. Ms. Cammack. So, that would then lead us to the natural inclination to believe that you are talking about the Executive Branch, correct? Being government officials? So, government officials like the Deputy Assistant to the President and Director of the Digital Strategy, like Robert Flaherty, or the White House Senior Advisor, like Andrew Slavitt, or the NSC staffer Katy Colus (ph), or the Deputy Assistant to the President, or the White House Digital Director, or the Press Secretary for the First Lady, or the NSC Director for Counterterrorism, the Chief of Staff for the Office of Digital Strategy, the Director of Strategic Communication and Engagement, the White House Associate Counsel, Associate Director for Communications, the Deputy Director of Digital Strategy, and the Strategic Director of Digital Communications, those are government officials, correct? Mr. Seligman. Yes. Ms. Cammack. What's so interesting is that all these members of the Executive Branch, all of them have communications, thousands of emails between them and Twitter and Meta officials where they demand that posts be taken down and censored. I'll give you a couple of examples, and then we'll see if you still feel so strongly about your words. January 23rd, three days after the inauguration, at 1:04 a.m., Clarke Humphrey of the White House emails Twitter and says: We're flagging this post for you. Hey, folks, wanted to flag this tweet, wondering if we can get moving on the process to have it taken down . . . ASAP. Then, on February 7th, an email exchange took place between Twitter and White House Deputy Assistant to the President and Director of Digital Strategy Rob Flaherty and asked for the steps that he could take to, quote, ``streamline the process for the White House's demands for Twitter censorship.'' Then, two days later on February 9, 2021, he follows up again with Facebook with a more aggressive demand for more information along with an accusation that would be repeated many times in the future, that Facebook was failing to censor speech on its platform, and it was causing, quote, ``political violence.'' Fast forward, you have March 15th, White House senior advisor then made an ominous statement threatening unspecified executive action against Facebook in retaliation for Facebook's perceived lack of cooperation with the White House's list of demands--that have been documented and will be entered into the record for this hearing--on censorship of, quote, ``borderline content.'' The line that I think is particularly troubling is saying, ``Internally, we have been considering our options on what to do about it.'' Do you consider that to be nonthreatening? Mr. Seligman. I am not familiar with the particular documents that you're referring to. Ms. Cammack. I just read you multiple examples. Mr. Seligman. Yes, and so I don't think that emphatic impressions of their concerns about the problem of misinformation is a threat. I don't. Ms. Cammack. So, when President Biden said that social media companies are killing people, and then there is a direct line from the White House to the social media companies demanding posts be removed, going so far as to say there has to be a quick and devastating takedown, a published takedown, that is not a threat? Mr. Seligman. I don't believe so. Ms. Cammack. Wow. Mr. Seligman. I also don't believe when President Trump made comments about social media. Ms. Cammack. I am so glad we have this on the record. Again, my apologies to you, sir, for what you have had to endure here today. With that, I yield back. Mr. Johnson of Louisiana. Thank you. The gentlelady's time has expired. The Chair recognizes Ms. Hageman from Wyoming for five minutes. Ms. Hageman. Thank you. Mr. Sauer, you and your colleagues have truly provided a great service to this Nation by exposing what we can rightfully describe as the Surveillance Industrial Complex, the Censorship Industrial Complex, the Corruption Industrial Complex. Take your pick. Your testimony today is stunning, as is your written statements, and I encourage everyone to read the information that you have provided. The breadth and scope of this vast censorship complex is stunning and extends from the Halls of Congress to the Executive Branch to the Office of the President of the United States. As one of the last questioners today, I wanted to give you the opportunity to speak directly to the American public, and I'd like you to give us examples of just one or two takeaways that you believe are paramount as we continue our work and as we seek to hold this administration and these corrupt government hacks accountable for their blatant violation of the First Amendment to the United States Constitution. Mr. Sauer. Thank you very much, Representative. I would emphasize maybe two or three points. First, Federal censorship activities are not in retreat. They are expanding. Federal executive officials are expanding the topics on which they seek censorship. It's expanding to more and more agencies, and it's expanding to any social media platform they can reach to. So, we are not in a situation where this is something that occurred in the past. We have overwhelming evidence that it's growing and growing and growing, and there's little indication that there will ever be any voluntary relinquishment of the power to dictate what ordinary Americans can say on social media. So, it's a problem that is growing. It's a looming threat. The second point that I would make is that censorship, as I said in my opening statement, both now and every other time when there's been censorship throughout human history, is not about truth; it is about political power. It's about obtaining power. It's about preserving power, and it's about expanding power. The evidence of this, again, is overwhelming. You see it right there in the documents, some of which were just quoted. You see the White House saying: What we really want you to take down, Facebook, Twitter, and so forth, is borderline content-- borderline content that's described in the emails is often true; it's often true; it involves core political speech--we want you to take that down because that is what most effective undermining the narratives that we want to be out there on social media. That's an egregious violation of First Amendment. It is viewpoint discrimination. I would also point out that many of the comments that have been made on the other side today have said: We can't let there be misinformation on social media because the tiny minority of the hundred million people who might see it might take it and do something bad. You might call the minority report approach to the First Amendment. It's absolute poppycock. It turns the First Amendment absolutely on its head. The promise of the First Amendment is that no official, high or petty, will be able to dictate what Americans do. Americans can make their own opinions. They're adults. They can read the evidence. They can form their own factual opinions and their own opinions. That is the core in the heartland of the First Amendment, which we see radically perverted, radically perverted in the communications between the White House and virtually every other Federal agency has discussed in my extensive written testimony. I would also emphasize censorship does not make Americans safer. It does not make them healthier, and it does not protect our democracy. Censorship is what kills, not freedom. Freedom is what preserves our liberty. Freedom is what makes us safe and healthy as a society. So, this notion that we've got to have censorship because it's going to be a threat to our democracy--what could be more antidemocratic than Federal censorship dictating what ordinary Americans can say on social media. The First Amendment in social media radically Democratized speech. The First Amendment is the most pro-democratic political statement in history perhaps. Because what it says is every ordinary citizen can decide for themselves without interference from Federal officials as to what their opinion is. We can participate in a free market of ideas with freedom of impression, freedom of association to engage in that. That's what we see under direct assault by a whole army of Federal officials in this case. Finally, I would emphasize that this should not be a partisan issue. Censorship violates the First Amendment no matter what viewpoint Federal officials are going after. Everyone, everyone in this Chamber should oppose the sorts of pressure, collusion, deception, all the things you see in our evidence in this case. Federal officials should not be in the business of saying what Americans can and cannot say on social media. Those are the conclusions that I would offer the American people. Ms. Hageman. Again, thank you for what you have just described. What an incredible summary and a statement of where we are in this country. We appreciate what you have done, what you've been willing to expose. With that, I yield back. Mr. Johnson of Louisiana. Thank you. The gentlelady's expired. I will yield to myself five minutes as we wrap this up today. We've heard a lot. Mr. Sauer, what you said was extraordinary, and I wish every American could watch that clip because you summarized it so well. I thank the gentlelady for giving you the opportunity. What you said earlier this morning summarizes it well, also. You said censorship impedes the pursuit of truth in the free marketplace of ideas. That's the summary. Look, we brought in exceptional witnesses this morning. We brought in the Attorney General of the State of Louisiana and the former Attorney General of Missouri, now a U.S. Senator, because their litigation has revealed overwhelming direct evidence, as you pointed out, that the Executive Branch has undertaken a broad campaign to censor the American people. That's the headline. That's the takeaway today. Rather than one-off instances of censorship in coordination between Federal agencies and the private sector, your cases revealed how Federal agencies and officials have taken a whole- of-government approach to censoring online speech about topics that they think are disfavored. The Federal government exchanged in two blatantly unconstitutional acts. First, they coerced technology companies to engage in censorship. They did this in a number of ways. At least 20 officials in the White House itself were involved. Then the Federal government colluded with the Big Tech companies and others to censor content. We know that Federal agencies met frequently with social media companies and received internal platform data and other special privileges that empowered censorship. Third, third parties, such as certain nonprofit organizations, also worked as intermediaries to help the Federal government effectuate its censorship scheme. This litigation in Missouri v. Biden offers the American people a unique window into the Federal government's operation of what's now being called the Censorship Industrial Complex. This litigation, led by Missouri and Louisiana, continues to unveil the extent of Federal coercion and of collusion with tech companies to censor disfavored content. Of course, the censors have been wrong time and time again, but that's not the point here. The point we're trying to make is that the U.S. Government is pressuring these platforms, which nearly every American uses every day to censor speech. Whether you agree with the speech that's being shared or not, that doesn't matter. The only thing that matters is these actions are wrong, and they have to be stopped. We have to protect the First Amendment and the free exchange of ideas. The gentleman here, the Democrat's witness says in his closing statement, he quotes, ``he decries baseless conspiracy theories,'' end quote. He says social media platforms must be, quote, ``uncorrupted by misinformation.'' He doesn't seem to recognize how dangerous that position is. Who decides what is baseless, and what is misinformation? You provided, sir, a recipe for blatant viewpoint discrimination and tyranny. I would suggest that you attend all those mandatory First Amendment training courses that your dean at Stanford Law School has just been forced to order. I yield to Mr. Jordan. Chair Jordan. I thank the gentleman for yielding. Mr. Sauer, did the government pressure social media to censor Americans for saying things like natural immunity is real? Mr. Sauer. Absolutely. Chair Jordan. Did the government pressure social media to censor Americans for saying things like gain-of-function research happened in that lab in China? Mr. Sauer. Absolutely. Chair Jordan. Did the government pressure social media to censor Americans for saying things like the virus likely came from a lab? Mr. Sauer. That is right with the heartland of our evidence. Chair Jordan. Did the government pressure social media to censor Americans for saying things like the vaccinated don't-- getting vaccinated doesn't prevent COVID and it doesn't necessarily stop transmission of COVID? Mr. Sauer. Absolutely. Chair Jordan. So, all those were true statements, but according to the Democrats, it's fine for government to pressure social media to take those statements down. In fact, this administration started doing that on day two. Day three, excuse me. January 23, 2021, here is what the suggestion, as Mr. Seligman says, the Biden White House said to Twitter. Clarke Humphrey, Executive Office of the President, White House Office: ``Hey, folks, wanted to flag the below tweet and wondering if we can get moving on the process for having it removed''--then, in all capitals--``ASAP.'' Is that a suggestion or maybe something a little stronger than a suggestion from the White House on the second day, third day, excuse me, of this administration. Mr. Sauer. Stronger than a suggestion. Chair Jordan. Heck, yes, it's stronger than a suggestion. Here is the scariest thing of all, the bulletin the Democrats put up earlier--the National Terrorism Advisory System Bulletin for February 27, 2022, talks about mis-, dis-, and mal- information. Mr. Sauer, tell me, what is mal-information. Mr. Sauer. Mal-information by their definition is truthful information that the Federal official thinks lack appropriate context. It's an Orwellian term. Chair Jordan. So, it's true, but the government says: We don't want the people seeing that, hearing that, repeating that, liking that, sharing that; we don't want that to happen? Mr. Sauer. Correct. Chair Jordan. Now, that is scary. That is exactly what the Chair just said. That is this dystopian crazy world they want to go. That is exactly what they were doing on day three. Because you know what the underlying tweet was? The underlying tweet said this, Hank Aaron's tragic death is part of the wave of suspicious deaths among elderly closely following the administration of the vaccine. He received the vaccine on January 5th. True. Hank Aaron, true--real American. Great American. Amazing athlete. Wonderful human being. He got the vaccine on January 5th to inspire others to get it, and then he passed--there's nothing false in that whatsoever. Nothing false. These guys in the Biden White House said: ``Take it down.'' Not just take it down; they said, ``Take it down as soon as you possibly can.'' Mr. Seligman, Mr. Professor of Law says: You know what? That's just fine. That is a scary, scary world that the Democrats want to take us to. As you said earlier, if it was the other way around, if this was Republicans doing this to Democrats, you would be here testifying, too, and you'd be just as ticked off about it, and so would I. I yield back. Mr. Johnson of Louisiana. I thank the gentleman--the Chair of the Committee. We thank all our witnesses for appearing before the Subcommittee today. Without objection, all Members will have five legislative days to submit additional written questions for witnesses or additional materials for the record. Without objection, this hearing is adjourned. [Whereupon, at 1:21 p.m., the Committee was adjourned.] All materials submitted for the record by Members of the Select Subcommittee on the Weaponization of the Federal government can be found at: https://docs.house.gov/Committee/ Calendar/ByEvent .aspx?EventID=115611. [all]