Fauci Deposition Set for Wednesday in 2-State Social Media Case

Attorneys general from Missouri and Louisiana on Wednesday will depose Anthony Fauci in their lawsuit claiming the Biden administration colluded with tech giants to censor information on social media in 3:22-CV-01213 (see 2210240057). “We all deserve to know how involved Dr. Fauci was in the censorship of the American people during the COVID pandemic,” said Louisiana AG Jeff Landry (R). “Tomorrow, I hope to find out.” Missouri AG Eric Schmitt (R) claimed their offices “have uncovered documents and discovery that show clear coordination between the Biden Administration and social media companies on censoring speech.” The U.S. District Court for the Western District of Louisiana on Monday stayed depositions for White House Director of Digital Strategy Robert Flaherty, Surgeon General Vivek Murthy and Cybersecurity and Infrastructure Security Agency Director Jen Easterly, which has been a point of contention in the case (see 2211020071). The court ordered the district court to address “issues of the availability of suitable alternative sources for the evidence sought in the proposed depositions” and decide whether “further discovery should be paused until a ruling on a timely-filed motion by the Government to dismiss.” The court noted that in order to “require the depositions of high agency officials, the party seeking them must show that exceptional circumstances exist.” It asked the district court to “analyze whether the information sought can be obtained through less intrusive, alternative means, such as further written discovery or depositions of lower-ranking officials.” The court denied the government’s mandamus petition seeking to “vacate the district court’s order authorizing the depositions” of the three officials.