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Thursday, May 2, 2024

House Judiciary Committee sues to get FBI agent in social media flap to testify

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Matthew Berry, House general counsel | LinkedIn

WASHINGTON (Legal Newsline) - Frustrated by him not appearing, the House Judiciary Committee has filed suit to force FBI special agent Elvis Chan to testify about efforts to censor social media speech.

The Committee on the Judiciary of the United States House of Representatives filed a lawsuit Feb. 6 against FBI Assistant Special Agent Elvis Chan. The case, filed in the United States District Court for the District of Columbia, seeks to enforce a Congressional subpoena issued to Chan. 

The Committee alleges that Chan is central to their investigation into how agencies like the FBI have been working with technology companies to censor online speech.

Chan, who was identified as one of the key figures in these interactions with tech giants such as Facebook and Twitter, failed to voluntarily appear before the Committee. Following this, he was subpoenaed to testify at a deposition but defied it under instructions from his employer, the U.S. Department of Justice (DOJ). 

The Committee argues that by refusing to comply with the subpoena, Chan is hindering its ability to conduct oversight.

The DOJ has directed Chan to defy the subpoena because agency counsel cannot attend under House Rules. The Committee maintains that this rule protects the integrity of its investigations and falls within its constitutional authority.

House general counsel Matthew Berry represents the plaintiff.

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