Judge Orders Fauci, Psaki, Top Officials Be Deposed in Big Tech Censorship Case

By Caden Pearson
Caden Pearson
Caden Pearson
Reporter
Caden Pearson is a reporter based in Australia. Contact him on caden.pearson@epochtimes.com.au
October 22, 2022Updated: October 29, 2022

A federal court ordered on Oct. 21 that Dr. Anthony Fauci and other top officials testify under oath at depositions in a case that has uncovered evidence of alleged federal government collusion with Big Tech companies to censor users.

The attorneys general of Louisiana and Missouri and other plaintiffs allege that Fauci, director of the National Institute of Allergies and Infectious Diseases (NIAID) and President Joe Biden’s chief medical adviser, and other defendants colluded and coerced social media companies to “suppress disfavored speakers, viewpoints, and content” regarding COVID-19.

U.S. District Judge Terry Doughty went a step further than a previous ruling that forced written testimonies and ordered Fauci and other defendants to testify under oath at depositions.

“After finding documentation of a collusive relationship between the Biden Administration and social media companies to censor free speech, we immediately filed a motion to get these officials under oath,” Missouri Attorney General Eric Schmitt said in a statement.

“It is high time we shine a light on this censorship enterprise and force these officials to come clean to the American people, and this ruling will allow us to do just that. We’ll keep pressing for the truth.”

Several other plaintiffs joined the lawsuit in August, including Drs. Jay Bhattacharya and Martin Kulldorff.

New Civil Liberties Alliance Jenin Younes, who is helping represent the doctors, said she looks forward to learning just how far the accused government officials went to push their COVID-19 “perspective.”

“For the first time, Dr. Fauci and seven other federal officials responsible for running an unlawful censorship enterprise will have to answer questions under oath about the nature and extent of their communications with tech companies,” Younes said in a statement to The Epoch Times.

Doughty also ordered the depositions of former White House press secretary Jen Psaki, White House director of digital strategy Rob Flaherty, Surgeon General Vivek Murthy, Cybersecurity and Infrastructure Security Agency (CISA) Director Jen Easterly, and FBI special agent Elvis Chan.

Epoch Times Photo
Protesters hold signs denouncing Facebook and CEO Mark Zuckerberg at the Humanity Against Censorship rally in front of Meta headquarters in Menlo Park, Calif., on May 19, 2022. (Mrs. Hao/The Epoch Times)

Fauci’s ‘Self-Serving Blanket Denials’

In his ruling, Doughty said he agreed with plaintiffs that Fauci’s previous “self-serving blanket denials” about his role in censoring views on social media couldn’t be taken at face value.

“Plaintiffs argue that even if Dr. Fauci can prove he never communicated with social media platforms about censorship, there are compelling reasons that suggest Dr. Fauci has acted through intermediaries, and acted on behalf of others, in procuring the social-media censorship of credible scientific opinions,” Doughty said in his ruling. “Plaintiffs argue that even if Dr. Fauci acted indirectly or as an intermediary on behalf of others, it is still relevant to Plaintiffs’ preliminary injunction motion. The Court agrees.

“Lastly, Plaintiffs argue that Dr. Fauci’s credibility has been in question on matters related to supposed COVID-19 ‘misinformation’ since 2020. Specifically, Plaintiffs state that Dr. Fauci has made public statements on the efficacy of masks, the percentage of the population needed for herd immunity, NIAID’s funding of ‘gain-of-function’ virus research in Wuhan, the lab-leak theory, and more.

“Plaintiffs urge that his comments on these important issues are relevant to the matter at hand and are further reasons why Dr. Fauci should be deposed. Plaintiffs assert that they should not be required to simply accept Dr. Fauci’s ‘self-serving blanket denials’ that were issued from someone other than himself at face value. The Court agrees.”

wuhan lab
Security personnel outside the Wuhan Institute of Virology during the visit by the World Health Organization (WHO) team tasked with investigating the origins of COVID-19, in Wuhan, Hubei Province, China, on Feb. 3, 2021. (Thomas Peter/Reuters)

Censoring Lab Leak Theory

The plaintiffs argued that Fauci allegedly insisted on the censorship of “speech backed by great scientific credibility and with enormous potential nationwide impact” that contradicted his views.

For example, he communicated in a long-shielded phone call with some scientists to discredit any theory that COVID-19 was the result of a “lab leak” in Wuhan, China. The scientists went on to write a paper severely reprimanding others who were open to the theory.

If the lab leak theory were true, in turn, it would mean that Fauci could be potentially implicated in funding the research on viruses that caused the COVID-19 pandemic that killed millions of people worldwide, the plaintiffs argued. This is because he funded risky “gain-of-function” research at the Wuhan Institute of Virology through intermediaries such as EcoHealth Alliance.

In late January 2020 and early February 2020, Fauci was also in touch with Facebook CEO Mark Zuckerberg in oral communications about the government’s COVID-19 response. Facebook then allegedly went on censor the lab leak theory, according to the plaintiffs.

Epoch Times Photo
White House press secretary Jen Psaki speaks during a White House daily press briefing at the James Brady Press Briefing Room at the White House on May 4, 2022. (Alex Wong/Getty Images)

‘Overwhelming’ Need to Depose Officials

The court also found that Flaherty, Psaki, Andy Slavitt, and other officials also have personal knowledge about the alleged censorship issues and ordered them to be deposed.

Doughty said there’s an “overwhelming” need for Flaherty to be deposed to determine whether fundamental rights to free speech were “abridged” as a result of alleged collusion between senior Biden administration officials and Big Tech.

The plaintiffs argued that Flaherty had “extensive” oral meetings with Twitter, Meta, and YouTube on vaccine hesitancy and combatting misinformation related to COVID-19.

The judge said there’s a “substantive need” for the deposition of Slavitt, who served as the White House’s senior COVID-19 adviser. Doughty noted that Slavitt’s remarks on a podcast “showed he has specific knowledge as it relates” to the issues in the lawsuit.

The court order cited a series of public comments made by Psaki when she served as White House press secretary, including calling on social media platforms for consistency in banning disfavored speakers.

“Psaki has made a number of statements that are relevant to the Government’s involvement in a number of social-media platforms’ efforts to censor its users across the board for sharing information related to COVID-19,” Doughty said in his ruling.

Caden Pearson
Caden Pearson is a reporter based in Australia. Contact him on caden.pearson@epochtimes.com.au