A Louisiana judge is set to rule on a request by the Attorneys General of Missouri and Louisiana to deny a motion to intervene in a case against Meta Platforms by Children’s Health Defense.
Robert F. Kennedy Jr., Dr. Joseph Mercola, Ty, and Charlene Bollinger filed their motion to intervene Nov. 17 with the Western District of Louisiana as a way to gain access to discovery and depositions.
Kennedy, an attorney, is the founder of Children’s Health Defense (CHD).
“They do not actually wish to participate as parties in the case other than viewing discovery, and thus their motion might be re-characterized as an unopposed third-party motion for access to discovery materials, rather than an opposed motion to intervene,” wrote attorneys D. John Sauer and Elizabeth B. Murrill on behalf of Louisiana AG Jeff Landry and outgoing Missouri AG Eric Schmitt in their Dec. 8, 2022 opposition brief.
In their lawsuit, Schmitt and Landry allege that the federal government under the Democratic Biden administration colluded with social media sites such as Twitter, YouTube, and Meta to suppress freedom of speech by silencing conservatives.
Schmitt was elected to the U.S. Senate in November. Gov. Mike Parson appointed Andrew Bailey of Rhineland to replace Schmitt.
Depositions so far have included Dr. Anthony Fauci, former director of the National Institute of Allergy and Infectious Diseases (NIAID) and FBI Agent Elvis Chan.
CHD wants access to discovery materials to use in their own lawsuit Children’s Health Defense v. Meta Platforms (formerly Facebook), which originally was filed in the Northern District of California and is currently on appeal with the Ninth Circuit Court of Appeals.
“Being a party to the case is very different than just being an Amicus Curiae or an outside observer," said Brad Dacus, a Pacific Justice Institute attorney. "It does have an impact and that may be a factor that the judge may take into consideration. I don't think the preservation of privacy interest is going to be a factor in the judge's decision."
Specifically, the intervenors seek access to depositions and written discovery responses identified by search terms.
“I do think that the intervenors have a very definite merit to their motion to intervene, and I would not be surprised if it was granted,” Dacus told the St. Louis Record. “Some judges particularly in issues involving technology and complex issues may be more inclined not to go in that direction.
CHD is among the conservatives who were classified as the 'Disinformation Dozen,' according to a press release.
“Discovery received from the government so far shows Facebook, in response to pressure from the White House, reporting back privately to White House officials about the aggressive censorship actions it took against the so-called ‘Disinformation Dozen,'" wrote G. Shelly Maturin, CHD attorney in their brief.