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18 House Members Tell Twitter Board to Preserve Records of Its Handing of Musk’s Purchase Offer

By Craig Bannister | April 22, 2022 | 5:13pm EDT
Elon Musk
(Getty Images/Brendan Smialowski)

A letter sent Friday and signed by a group of 18 House Republicans, headlined by Rep. Jim Jordan (R-Ohio), calls on Twitter’s board members to prepare to provide information about their efforts to prevent billionaire entrepreneur Elon Musk from buying the social media platform.

“Free speech online is under attack by Big Tech. In particular, Twitter has increasingly engaged in ‘heavy-handed censorship . . . to silence prominent voices . . . and stifle views that disagree with the prevailing progressive consensus,’” the letter begins.

Musk is seeking to buy the social media giant in order to rid it of its partisan censorship practices.

The Twitter board’s ideological and politically-driven opposition to Musk’s purchase offer appears to contradict the board’s fiduciary duty to act in the best interest of shareholders, the letter explains:

“[The Board’s reactions to Elon Musk’s offer to purchase Twitter, and outsider opposition to Musk’s role in Twitter’s future are concerning. Twitter’s Board Members have fiduciary duties to the company’s shareholders. These duties apply despite how many corporations’ leaders increasingly pursue progressive policy goals divorced from shareholder interests.”

Thus, the letter issues “a formal request” to diligently preserve all accounts of Musk’s offer, as well as of the board’s consideration of, and response, to it – since that information may be required by the Congressional inquiry into Big Tech:

“As Congress continues to examine Big Tech and how to best protect Americans’ free speech rights, this letter serves as a formal request that you preserve all records and materials relating to Musk’s offer to purchase Twitter, including Twitter’s consideration and response to this offer, and Twitter’s evaluation of its shareholder interests with respect to Musk’s offer. You should construe this preservation notice as an instruction to take all reasonable steps to prevent the destruction or alteration, whether intentionally or negligently, of all documents, communications, and other information, including electronic information and metadata, that is or may be potentially responsive to this congressional inquiry. This instruction includes all electronic messages sent using official and personal accounts or devices, including records created using text messages, phone-based message applications, or encryption software.”

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