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Happy Veterans Day!
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Emails Show Surgeon General and Facebook
Coordinating Covid Censorship
We received 14 pages of emails
between U.S. Surgeon General Vivek Murthy and top Facebook executives in
2021 regarding the censorship of user posts about Covid controversies. The
emails show Facebook leadership seeking to “better understand the scope
of what the White House expects from us on misinformation going
forward.”
These emails confirm that Facebook censored Americans at the direction of
the Biden White House and Biden’s Surgeon General’s political
operation. This is a massive violation of the First Amendment.
We received these emails in response to our January 13, 2023, FOIA lawsuit (Judicial Watch, Inc. v.
U.S. Department of Health and Human Services (No. 1:23-cv-00113))
for:
All records, including, but not limited to, electronic mail, texts,
memoranda, and handwritten notes, of, regarding, referring, or relating to
any efforts of Vice Admiral Vivek H. Murthy, MD, MBA, U.S. Surgeon General,
to contact any employee of Facebook, Twitter, TikTok, Instagram, Snapchat,
Reddit, YouTube, LinkedIn, Tumblr, and Pinterest concerning COVID-19 or
COVID-19 vaccines.
On July 15, 2021, Murthy issued “Confronting
Health Misinformation,” a 22-page document addressing his concerns in
multiple areas. These included social media, for which it offered a number
of suggestions to address misinformation:
[M]ake meaningful long-term investments … including product changes.
Redesign recommendation algorithms to avoid amplifying misinformation,
build in “frictions”—such as suggestions and warnings—to reduce the
sharing of misinformation, and make it easier for users to report
misinformation.
***
Platforms should also address misinformation in live streams, which are
more difficult to moderate due to their temporary nature and use of audio
and video.
***
Prioritize early detection of misinformation “super-spreaders” and
repeat offenders. Impose clear consequences for accounts that repeatedly
violate platform policies.
***
Amplify communications from trusted messengers and subject matter
experts. For example, work with health and medical professionals to reach
target audiences. Direct users to a broader range of credible sources,
including community organizations.
The newly obtained records show that on July 16, 2021, the next day, Nick
Clegg, vice president of Communications and Global Affairs at Facebook, emails Murthy:
Dear Vivek,
Reaching out after what has transpired over the past few days following the
publication of the misinformation advisory, and culminating today in the
President's remarks about us. I know our teams met today to better
understand the scope of what the White House expects from us on
misinformation going forward.
In our previous conversations I've appreciated the way you and your team
have approached our engagement, and we have worked hard to meet the moment
- we've dedicated enormous time and resources to fighting this pandemic and
consider ourselves to be partners in fighting the same battle. Certainly we
understand (and have understood for some time) that there is disagreement
on some of the policies governing our approach and how they are being
enforced - even as your team has acknowledged the unprecedented scale of
our efforts to provide authoritative information to millions of Americans
and to help them get vaccinated. But I thought the way we were singled out
over the past few days has been both surprising and misleading, and I
believe unproductive to our joint efforts too.
I would appreciate the opportunity to speak directly to discuss a path
forward with you and how we can continue to work toward what I sincerely
believe are shared goals.
Murthy responds on July 19:
Thanks for reaching out and for sharing your concerns. I know the last
few days have been challenging. I'd be happy to speak directly about how we
move forward. Let me know the best way to schedule some time later this
week and we'll make it happen.
On July 23, Brian Rice, director of public policy for Facebook, emails
Clegg and Murthy:
Including this week's updated report here. Look forward to scheduling
our next working session. As always please let us know if you have any
questions.
Also on July 23, Clegg writes to Murthy:
Dear Vivek (if I may),
Thanks again for taking the time to meet earlier today. It was very helpful
to take stock after the past week and hear directly from you and your team,
and to establish our next steps.
We talked about the speed at which we are all having to iterate as the
pandemic progresses. I wanted to make sure you saw the steps we took just
this past week to adjust policies on what we are removing with respect to
misinformation, as well as steps taken to further address the “disinfo
dozen”: we removed 17 additional Pages, Groups, and Instagram accounts
tied to the disinfo dozen (so a total of 39 Profiles, Pages, Groups, and IG
accounts deleted thus far, resulting in every member of the disinfo dozen
having had at least one such entity removed).
We are also continuing to make 4 other Pages and Profiles, which have not
yet met their removal thresholds, more difficult to find on our platform.
We also expanded the group of false claims that we remove, to keep up with
recent trends of misinformation that we are seeing.
We hear your call for us to do more and, as I said on the call, we're
committed to working toward our shared goal of helping America get on top
of this pandemic. We will reach out directly to DJ to schedule the deeper
dive on how to best measure Covid related content and how to proceed with
respect to the question around data. We'd also like to begin a regular
cadence of meetings with your team so that we can continue to update you on
our progress. You have identified 4 specific recommendations for
improvement and we want to make sure to keep you informed of our work on
each.
I want to again stress how critical it is that we establish criteria for
measuring what's happening on an industry-wide basis, not least to reflect
the way platforms are used interchangeably by users themselves. We believe
that we have provided more transparency, both through CrowdTangle (the
flaws of which we discussed in some detail) and through our Top 100 report,
than others and that any further analysis should include a comprehensive
look at what's happening across all platforms--ours and others - if we are
going to make progress in a consistent and sustained manner.
Finally, we will be sending you the latest version of our Top 100 report
later today, per our regular schedule. Brian will do the honors this week
as it will likely be completed at our end later today East Coast time. We
really do hope that we can discuss our approach to this data set in greater
detail during our next session with DJ, as we genuinely believe it is an
effective way of understanding what people are actually seeing on the
platform.
Once again, I want to thank you for setting such a constructive tone at the
beginning of the call. We too believe that we have a strong shared interest
to work together, and that we will strive to do all we can to meet our
shared goals.
On October 28, 2021, Clegg writes to Murthy with the
subject line “Our announcement:”
Dear General Murthy,
I hope you are well. It's been a while since we connected. I know our teams
have remained in close contact with respect to our work to provide
authoritative information about the vaccine and we are working on how we
can partner in this next push to vaccinate children. We appreciate the
opportunity to partner with your team.
***
I also recognize the intense debate that's been prompted by the
documents that have been disclosed by a former employee. You and I have
touched on the subject of wellbeing in our previous conversations and I
know it's an area of concern for you and for the White House. I would
welcome the opportunity to meet again to hear from you and to address the
claims that have been made against the company.
This is an apparent reference to France
Haugen, a pro-censorship former Facebook product manager.
On March 3, 2022, Max Lesko, the surgeon general’s chief of staff, emails Clegg and others,
“Please see the attached letter from the U.S. Surgeon General for Mark
Zuckerberg.” The letter is not included in the documents Judicial Watch
received. He continues by asking Clegg and Rice to let him know how he can
be helpful with respect to the “Request for Information” which had been
sent to the Federal Register.
Some of the subject matter in these documents is discussed in the Fifth
Circuit Court of Appeals case Missouri v. Biden, Murthy,
et al. (No. 23-30445), which the Biden administration lost.
The case is now before the U.S. Supreme Court as
Murthy, et al. v. Missouri, et al. (No. 23A243).
In April 2023, we filed two lawsuits
against the U.S. Department of Justice and other federal agencies for
communications between the agencies and Facebook and Twitter regarding the
government’s involvement in content moderation and censorship on the
social media platforms.
In June 2023, we sued DHS for all
records of communications tied to the Election Integrity Partnership. Based
on representations from the EIP (see here and here), the federal
government, social media companies, the EIP, the Center for Internet
Security (a non-profit organization funded partly by DHS and the
Defense Department) and numerous other leftist groups communicated
privately via the Jira software platform
developed by Atlassian.
In February 2023, we sued the U.S. Department
Homeland Security (DHS) for records showing cooperation between the
Cybersecurity and Information Security Agency (CISA) and social media
platforms to censor and suppress free speech.
In January 2023 we sued the DOJ for records
of communications between the Federal Bureau of Investigation (FBI) and
social media sites regarding foreign influence in elections, as well as the
Hunter Biden laptop story.
In September 2022, we sued the Secretary of
State of the State of California for having YouTube censor a Judicial Watch
election integrity video.
In May 2022, YouTube censored a Judicial Watch video about Biden corruption
and election integrity issues in the 2020 election. The video, titled “Impeach?
Biden Corruption Threatens National Security,” was falsely determined to
be “election misinformation” and removed by YouTube, and Judicial
Watch’s YouTube account was suspended for a week. Judicial Watch
continues to post its video content on its
Rumble channel (https://rumble.com/vz7aof-fitton-impeach-biden-corruption-threatens-national-security.html).
In July 2021, we uncovered records from
the Centers for Disease Control and Prevention (CDC), which revealed that
Facebook coordinated closely with the CDC to control the Covid narrative
and “misinformation” and that over $3.5 million in free advertising
given to the CDC by social media companies.
In May 2021, we revealed documents
showing that Iowa state officials pressured social media companies Twitter
and Facebook to censor posts about the 2020 election.
More documents on this dangerous censorship are being processed now by
Judicial Watch so expect more revelations soon!
Trump on Trial: Judicial Excess, Partisan Bias
What’s happening in a New York courtroom right now against former
President Trump is a flagrant abuse of power without precedent in our
nation’s history. Micah Morrison, our chief investigative reporter, explains in
Investigative Bulletin.
Donald Trump took the stand Monday in New York State Attorney General
Letitia James’s long running fraud litigation against the former
president, a case filled with startling twists and
turns.
On September 26, one week before the civil action was set to open at
trial, the judge in the case delivered a surprise ruling. Justice Arthur
Engoron issued an order canceling Trump’s certification to do business in
New York. The order stripped Trump of control of the iconic Trump Tower; of
a family estate and golf club in Westchester County; and of 40 Wall Street
in Lower Manhattan, a lucrative commercial property. At times it seems as
if the entire Trump family is on trial. Trump’s two adult sons, Don Jr.
and Eric, were called to the stand by the prosecution last week; his
daughter Ivanka is slated to testify this week.
In her civil lawsuit, James alleged that Trump, Trump family
members, and Trump Organization executives had committed fraud. Engoron
agreed. Financial statements that Trump had submitted to banks and insurers
to support real estate deals, wrote Engoron, “contain fraudulent
valuations.” The Trump businesses would be placed in receivership “to
manage the dissolution.”
Legal experts attacked the Engoron ruling as harsh and unprecedented.
“This is a version of business law capital punishment,” a Columbia Law
School corporate law expert told
the
Washington Post. “I’m not aware of a precedent at this scale.”
The non-jury trial opened October 2. The only issue left for trial is how
big a penalty Trump will pay. James is looking for a fine upward of $250
million and Engoron himself will decide the penalty. But the deadlier blow
already has been delivered with Engoron’s judicial strike against Trump
businesses in New York.
The optics of the case are hard to miss. Trump, the builder of business
empires, is denuded of his empire. The frontrunner for the GOP presidential
nomination is brought low.
Which is precisely what James has been promising for years. A New York City
Democrat from the progressive wing of the party, James made Trump the
centerpiece of her campaign to become state attorney general. She
repeatedly denounced Trump as an “illegitimate president” and
vowed to “shine a bright light into every corner of his real estate
dealings.”
Engoron seems largely cut from the same political cloth. A longtime
Democrat, he “has ruled repeatedly against Trump in the three years
he’s been presiding over James’ lawsuit,” notes the Associated Press. “He’s forced Trump to sit
for a deposition, held him in contempt and fined him $110,000.” A
graduate of Columbia University, Engoron once noted that he took part in
“huge, sometimes boisterous, Vietnam War protests.” He has been a
member of the ACLU for nearly thirty years. Trump and Engoron have sparred
for weeks over a gag
order imposed on the former president.
Trump’s lawyers argue there was “no nefarious intent” in submitting
the real estate valuations at the heart of the case. Trump lawyer
Christopher Kise told the court that different financial estimates often
simply reflect “change in a complex, sophisticated real estate
corporation.”
Banks and insurers doing business with the Trump Organization knew exactly
what they were getting into, Kise said. “Banks and insurers know that the
[financial] statements are estimates.” The banks were not victims, the
defense argues, saying they made money from the deals.
In a surprise twist shortly after the trial opened, a New York appeals
court temporarily halted Engoron’s order to dissolve the Trump
business empire while Trump appeals the ruling. The trial was allowed to
continue.
But Trump appears resigned to his fate in Engoron’s court. Outside the
courtroom, he has denounced the case as “a scam” and “a sham” and
“an attempt to hurt me in an election.” Inside the courtroom, the Trump
team continues to hammer away at the prosecution’s case, apparently
laying the groundwork for an appeal. On the stand Monday, Trump denounced
the proceedings as “very unfair” in a
day of legal fireworks.
The Democrat leanings of James and Engoron, and oversteps by Engoron,
increase Trump’s odds for a successful appeal. And then there is
the larger question of the whole proceeding and its kangaroo court miasma:
would this case ever have been brought against someone not named
Trump?
Feds Plan to Let Felons, Fraudsters Investigate Housing
Discrimination
Those who have obeyed the law might legitimately wonder at allowing those
who haven’t to participate in undercover federal investigations, as our
Corruption Chronicles blog suggests.
As part of the Biden administration’s government-wide initiative to
give criminals a second
chance, a federal agency plans to eliminate restrictions that prevent
convicted felons from conducting investigations that often lead the
Department of Justice (DOJ) to take legal action. It involves fair housing
testers who help federal authorities gather evidence of bias and
discrimination by going undercover in housing transactions that can expose
wrongdoing. Technically, housing testers play a key role in government
housing probes, and they are supposed to be carefully vetted.
Now the Department of Housing and Urban Development (HUD) wants to remove
existing criminal conviction regulations for fair housing testers to make
its “programs as inclusive as possible for people with criminal
records.” In a notice
published in the Federal Register, the agency proposes eliminating the
restrictions for Fair Housing Initiatives Program (FHIP) grantees and Fair
Housing Assistance Program (FHAP) agencies that forbid FHIP and FHAP
recipients from using fair housing testers with prior felony convictions or
convictions of crimes involving fraud or perjury. Besides making HUD
programs as inclusive as possible for criminals, the agency writes that the
proposed rule will ensure that it can “fully investigate criminal
background screening policies that are potentially discriminatory under
federal civil rights laws by using testers with actual criminal
backgrounds.”
In a press
release announcing the plan, HUD Secretary Marcia L. Fudge says
“we trust fair housing testers to identify bias and discrimination in
housing so we can fulfill our mission to root it out.” She continues:
“Through this new rule, we can ensure people with criminal records who
want to participate in this important work aren’t facing unnecessary
barriers. People reentering society, and those with criminal records,
deserve a fair shot at a second chance. This rule helps us get there.”
The announcement also provides a link to a 2022 memorandum issued by Fudge
titled “Eliminating Barriers That May Unnecessarily Prevent Individuals
with Criminal Histories from Participating in HUD Programs.” In the memo,
the housing secretary points out that we cannot ignore the fact that
persons who have been involved with the justice system are
disproportionately racial minorities, accounting for “discriminatory
impact exclusions based on criminal history.”
Even those who agree with second chances may reasonably question if
convicted felons should participate in federal investigations. The DOJ’s
Civil Rights Division uses information gathered by fair housing testers to
enforce the Fair Housing Act, which prohibits discrimination based on race,
color, religion, national origin, sexual orientation and gender identity,
disability and familial status. In cases where investigations yield
evidence of a pattern or practice of illegal housing discrimination,
federal prosecutors file lawsuits. Since 1992 the DOJ has resolved
111 cases with evidence directly generated from the Fair Housing
Testing Program, according to government data. It has led to the recovery
of more than $15.3 million, including over $2.3 million in civil penalties
and north of $13 million in other damages. “The vast majority of testing
cases filed to date are based on testing evidence that involved allegations
of agents misrepresenting the availability of rental units or offering
different terms and conditions based on race, and/or national origin,
and/or familial status,” according to the DOJ. Combating race
discrimination has been a central focus of the program, the agency
confirms.
Allowing convicted criminals to participate in federal housing
investigations is part of a broader push by the Biden administration to
“help people who were formerly incarcerated reenter society.” In a 2022
Proclamation on Second Chance, the president reminds the nation and all
government agencies that millions of Americans have a criminal record that
creates significant barriers to employment, economic stability, and
successful reentry into society. “Thousands of legal and regulatory
restrictions prevent these individuals from accessing employment, housing,
voting, education, business licensing, and other basic opportunities,”
the president writes in his proclamation. “Because of these barriers,
nearly 75 percent of people who were formerly incarcerated are still
unemployed a year after being released.” In the document the commander in
chief stresses the “racial inequities that lead to disproportionate
numbers of incarcerated people of color and other underserved
groups.”
Happy Veterans Day!
Judicial Watch’s anti-corruption work is the least we can do for our
country compared to the risks and sacrifices taken by those who protected
our Republic through military service. We all should pray for peace – but
Judicial Watch will, in the meantime, fight for the truth. President
Reagan’s 1985 Veterans Day remarks are well worth
noting in these perilous times:
And the living have a responsibility to remember the conditions that led
to the wars in which our heroes died. Perhaps we can start by remembering
this: that all of those who died for us and our country were, in one way or
another, victims of a peace process that failed; victims of a decision to
forget certain things; to forget, for instance, that the surest way to keep
a peace going is to stay strong. Weakness, after all, is a temptation —
it tempts the pugnacious to assert themselves — but strength is a
declaration that cannot be misunderstood. Strength is a condition that
declares actions have consequences. Strength is a prudent warning to the
belligerent that aggression need not go unanswered.
Peace fails when we forget what we stand for. It fails when we forget that
our Republic is based on firm principles, principles that have real
meaning, that with them, we are the last, best hope of man on Earth;
without them, we’re little more than the crust of a continent. Peace also
fails when we forget to bring to the bargaining table God’s first
intellectual gift to man: common sense. Common sense gives us a realistic
knowledge of human beings and how they think, how they live in the world,
what motivates them. Common sense tells us that man has magic in him, but
also clay. Common sense can tell the difference between right and wrong.
Common sense forgives error, but it always recognizes it to be error
first.
We endanger the peace and confuse all issues when we obscure the truth;
when we refuse to name an act for what it is; when we refuse to see the
obvious and seek safety in Almighty. Peace is only maintained and won by
those who have clear eyes and brave minds.
Judicial Watch benefits from the unique experience of the veterans on our
staff. And we are proud that countless veterans who, with “clear eyes and
brave minds,” generously support Judicial Watch’s work. Thank you all
for your service and have a wonderful Veterans Day.
Until next week,
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