Q: Why when Musk ‘s mentioned? more than harassment, it seems like an obsession
On 7/13/2023, Chaiman Jim Jordan asked FTC Chair Lina Khan, “Madam chair, why are you harassing Twitter?
Khan: Congressman, thanks for the question. As back in 2000…”
Jordan: I’m not talking about a decade, I’m talking about now. 12 demand letters in 10 weeks, over 350 separate requests you’ve demanded of Twitter. Why are you harassing them?
Khan: Twitter has a history of lack security and privacy.
Jordan: Every single communication relating to Elon Musk, not just communications he sent or received, but anytime he’s mentioned. That actually seems more than harassment, it seems like an obsession. Why such an intense focus?
Khan: Congressman, again, it was found that Twitter’s lack of privacy policies allowed unauthorized users to co-opt Twitter accounts … the FTC.
Q: you wrote “Identify all journalists … Twitter has granted access since Musk bought the company”
Jordan: Unfortunately, in December, Madam chair, here’s what you wrote: “Identify all journalists and other members of the media to whom Twitter has granted access since Musk bought the company.” You want to know the name of every journalist a private company is talking to. I think that’s consistent with the First Amendment.
Khan: Congressman, as a former journalist, I take extremely seriously the valuable work that they do and understand that there can be instances in which government action is unjust,
Jordan: particularly in the context here. I mean, it’s bad enough if you got the government asking a private company about who are the journalists you’re talking to. You name four of them and say we want the other names of any journalists you may or in fact be communicating with. That’s bad enough. I think it’s a threat to the First Amendment freedom of the press. But in the context of giving us information about how government had suppressed speech on these platforms, that’s the context you’re asking for. I think that’s particularly troubling, don’t you, Congressman?
Khan: … Again, this is a company whose history with the FTC
Jordan: Madam chair, we got limited time. Madam Madam chair, who is David Roque?
Khan: Could you repeat that, Congressman?
Jordan: David Roque, r-o-q-u-e. Who’s David Roque?
Khan: I’m not familiar with …
Jordan: You deposed him last month, June 21st, 2023. David Roque is the independent partner for Ernst & Young’s independent assessment of Twitter’s program that’s part of this consent decree. Do you know what Mr. Roque said in that deposition?
Khan: I am not aware
Khan: Hey, let me read it for you then because I think it’s pretty important. Jordan: Mr. Roque testified again, one of your lawyers deposed him, testified that FTC’s conduct made him feel as if the FTC was trying to influence the outcome of the engagement before it had started. He said, “In some of the discussions that we were having with the Federal Trade Commission, expectations were being conveyed about what those results should be before we had even begun any procedures.” So, they’re the independent assessor in this consent decree the FTC has with Twitter, and you’re telling the guy who is the person, he’s the guy, he’s Joe the accountant who’s going to get this information. You’re telling him you’re putting your finger on the scale, telling him what you want the outcome to be, and he’s supposed to be the independent fact finder. Why are you doing that?
Khan: I’m not familiar with those
Jordan: because it was just filed today. But we are… This is filed in court today, and this is your deposition.
Khan: I’m happy to take a closer look at it and be back in touch. I will say, as a general matter …
Jordan: You say Mr. Roque’s line what he testified here, what’s been filed in court today, that there were suggestions of what they would expect the outcome to be. They, being the FTC, there were suggestions of what they wanted him to go find in his independent assessment of the consent decree agreement between the FTC and Twitter.
Khan: Again, I’m happy to take a close look, and we can be back in touch with you about that allegation. But our staff are consummate professionals when they conduct these investigations. They’re focused on determining…
Jordan: to go after. There would you go after. Did you… is your attack on Twitter harassment on Twitter? Is that based on the fact that all kinds of Democrats have asked you to do this? And, frankly, some things that you’ve written about dealing with “disinformation”? Does that have anything to do with it?
Khan: Congressman, we make determinations about whether the law was violated.
Jordan: The statement from Chairman Nadler, the statements from the letter, the press release in the letter from seven Democrat senators, that had no impact. That’s not why you’re doing it?
Khan: Absolutely not. We look very closely at the specific