On Thursday, Chairman Jim Jordan (R-OH) subpoenaed Director of National Intelligence Avril Haines for communications between the Office of the Director of National Intelligence (ODNI), private companies, and other third-party groups such as nonprofit organizations, in addition to other information. The subpoena comes after ODNI failed to produce a single document requested by the Committee as it continues conducting oversight of how and to what extent the Executive Branch has coerced and colluded with companies and other intermediaries to censor speech.
The investigative work performed by the House Judiciary Committee and its Select Subcommittee on the Weaponization of the Federal Government, along with other publicly available information, have revealed how the federal government has pressured and colluded with Big Tech and other intermediaries to censor certain viewpoints on social media in ways that undermine First Amendment principles. The First Amendment prohibits government officials from imposing viewpoint-based restrictions on speech. State action doctrine prohibits government officials from circumventing constitutional strictures by using private actors—whether through coercion, encouragement, entwinement, or joint participation—to accomplish what the government cannot directly.
The Committee and Select Subcommittee’s investigation has uncovered how the Executive Branch has weaponized federal authority to censor speech online directly and by proxy. It is necessary for Congress to gauge the extent to which ODNI officials have coerced, pressured, worked with, or relied upon social media and other tech companies to censor speech. The scope of the Committee and Subcommittee’s investigation includes understanding the extent and nature of ODNI’s involvement in this censorship.
Despite the Committee’s repeated efforts to have ODNI voluntarily cooperate, ODNI has yet to produce a single document in response to the Committee’s request. Publicly available information regarding the ODNI’s Foreign Malign Influence Center makes clear that records related to the Center’s activities fall within the scope of the Committee’s request for documents. Moreover, the Committee is in possession of documents that demonstrate that ODNI personnel were invited to meetings between major social media companies and federal government agencies, often referred to as “USG-Industry Sync” meetings. ODNI has yet to produce any records related to these or any other meetings.
Read the full subpoena cover letter to Director Haines here.
