The email, written by FBI Agent Elvis Chan in October 2020, sheds light on the coordination between the FBI and social media platforms in censoring speech. This information was released in a report by the House Judiciary Committee and Select Subcommittee on Weaponization.
The report also highlights the involvement of the Department of Homeland Security's (DHS) Cybersecurity and Infrastructure Security Agency (CISA) in flagging election-related speech to social media platforms prior to the 2020 presidential election. CISA worked with third-party organizations, including the CISA-funded Center for Internet Security (CIS) and the Election Integrity Partnership (EIP), which consists of groups specializing in combating "disinformation," such as the Stanford Internet Observatory (SIO) within Stanford University's Cyber Policy Center.
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According to the report, Elvis Chan scheduled a briefing with the SIO, FBI, and National Security Agency (NSA) to discuss the EIP's work on flagging posts for social media companies. Alex Stamos, the director of the SIO and a former executive at Facebook, testified to the House Judiciary Committee about this meeting. Stamos stated that Chan facilitated the meeting, providing the space and participating in the briefing.
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The SIO provided updates to the FBI leading up to the 2020 presidential election. In an email exchange on October 5, 2020, Stamos asked Chan about his work and the "mandate" he had been given. Chan responded the next day, stating that the FBI's mandate was to be the conduit between social media companies and all election-related threats, whether foreign or domestic. He mentioned that they had been receiving accounts related to domestic voter suppression to flag for social media companies during the state primaries.
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The "Twitter files" series of reports, which revealed internal workings of the company, showed that Chan served as a conduit between the FBI's Foreign Influence Task Force (FITF) and social media platforms.
House Judiciary Chairman Jim Jordan made multiple attempts to have Chan testify before the committee, but he consistently avoided appearing. Jordan first attempted to schedule Chan's testimony on September 15, but it fell through due to a dispute with the Department of Justice (DOJ). Chan was then subpoenaed to testify on September 21 but failed to appear, leading Jordan to issue a second subpoena. Despite being scheduled for an interview on October 5, Chan did not show up, reportedly due to the DOJ's directive.
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In August, Jordan accused Chan of lying under oath about his role in censoring the Hunter Biden laptop story, based on internal Facebook documents he obtained. Chan was one of the FBI FITF agents who participated in a meeting with Facebook on October 14, 2020. During the meeting, the FBI refused to confirm the authenticity of the New York Post's reporting on Hunter Biden's laptop, according to Laura Dehmlow, the then-FITF Section Chief. On the same day, Twitter censored the contents of the laptop based on its "hacked materials" policy.
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Chan was deposed in November 2022 as part of the Missouri v. Biden First Amendment lawsuit, which challenges the federal government's ability to coordinate with social media platforms. During the deposition, Chan stated that he was not involved in any meetings where Hunter Biden was discussed, except for one incident. He also claimed to be unaware of any other communications between the FBI and Facebook regarding the Hunter Biden laptop story.
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However, Jordan disclosed an internal Facebook document in August that showed Chan had a "follow-up" call with the company on October 15 to discuss the laptop story. According to Jordan, Chan told Facebook that he was "up to speed" on how the FBI was handling the situation.
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IRS whistleblower Gary Shapley testified to the House Ways and Means Committee in May, stating that the FBI had authenticated the contents of Hunter Biden's laptop in November 2019 as part of an ongoing DOJ investigation into his taxes and firearms possession. The authenticity of the laptop contents has been confirmed by various news organizations, including the Daily Caller News Foundation, New York Times, and Washington Post. Hunter Biden is currently suing multiple individuals for their alleged role in disseminating the contents of the laptop.
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The Missouri v. Biden case is set to be heard by the Supreme Court, and it is influencing how the FBI interacts with social media companies. FBI Director Christopher Wray testified on October 31 that the lawsuit has prompted the FBI to reconsider its coordination with social media platforms. The Supreme Court has temporarily paused a federal injunction preventing social media platforms from coordinating with the federal government, including CISA.
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