America First Legal Sues the FBI and DOJ for Concealing Records of Biden Administration Midterm Election Interference

WASHINGTON, D.C. – Today, America First Legal (AFL) filed a lawsuit against the Federal Bureau of Investigation (FBI) and the Department of Justice (DOJ) for illegally concealing federal records related to Biden government-sponsored censorship of the American people in advance of the 2022 midterm elections.

On December 16, 2022, Matt Taibbi revealed in The Twitter Files, Part Six that two days before the November 2022 election, the FBI National Election Command Post (NECP) sent an email to Elvis Chan in the FBI San Francisco Field Office, flagging twenty-five accounts as election “misinformation,” including @RSBNetwork, the official Twitter account for Right Side Broadcasting Network. The NECP requested the FBI San Francisco Field Office to coordinate with Twitter to take “action” on the accounts, preserve subscriber information, and gather location information. 

Discovery in the Missouri v. Biden litigation revealed that leading up to election day, the FBI maintained an around-the-clock command center to ferret “disinformation” and “misinformation” and told social media platforms to have people available at all times to act and censor. During Mr. Chan’s deposition, he admitted that the FBI shared information that it believed should be censored, and the predictable effect was that social media platforms would do so.

On December 29, 2022, AFL submitted a Freedom of Information Act request to the FBI, with specific search terms, seeking “All records of communications to or from the National Election Command Post (NECP) referencing the Twitter accounts that were flagged for ‘additional action due to the accounts being utilized to spread misinformation.’” On February 14, 2023, the FBI denied AFL’s request as “overly broad.” AFL appealed and on August 23, 2023, the DOJ affirmed the FBI’s denial. Today, AFL is suing the FBI and the DOJ for illegally concealing these records and to uncover how the FBI uses “disinformation” and “misinformation” as an excuse to interfere in our elections. 

America First Legal will continue fighting to expose the truth about how Biden’s government is actively working to undermine the American people’s First Amendment rights and prevent free and fair elections. 

Statement from Reed D. Rubinstein, Senior Counselor and Director of Oversight and Investigations:

“Mr. Chan’s deposition contains significant evidence that the Biden government’s political censorship operation was fully engaged to blind the American people in advance of the 2022 midterm elections. Given that AFL is seeking documents directly related to his testimony, there is strong reason to believe that the FBI and DOJ are illegally stonewalling to protect their election interference means and methods. Three times now, in 2016, 2020, and 2022, the Deep State has put its thumb directly on the scale to influence our elections and aid Democrat party candidates the American people have a right to know what else the FBI has waiting for 2024.” said Reed D. Rubinstein.

Read the lawsuit here.

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