Senator Eric Schmitt: Exposing the Biggest Censorship Scandal in US History
Summary
Schmitt says Missouri’s discovery-first lawsuit exposed a government-to-platform censorship system that otherwise would have remained a “conspiracy theory.” Instead of immediately seeking an injunction in May 2022, his team obtained tens of thousands of emails, texts, special-platform portal records, and depositions from Anthony Fauci, FBI agent Elvis Chan, and CDC personnel. Combined with the later Twitter Files, the evidence showed the same machinery from both the government and company sides.
Section 230 is the episode’s central business-policy fault line: platforms receive what Schmitt calls a “multi-billion-dollar subsidy,” but may behave like protected publishers when they throttle viewpoints. He wants moderation to remain content-neutral, with exceptions for illegal material and genuine safety threats; an algorithm “essentially excluding 50% of the points of view” should jeopardize protection. His next concern is censorship migrating into AI even as the technology increases productivity and “human flourishing.”
The Hunter Biden laptop dispute illustrates how government warnings can become de facto censorship even when technology executives act in good faith. Sacks says the FBI possessed and authenticated the laptop in 2019, yet primed platforms for months to expect a Russian operation involving Hunter Biden; he also cited roughly 80 FBI agents submitting takedown requests and a pre-election tabletop exercise. Calacanis’s steelman — worth keeping — is that companies reasonably trusted the FBI, while Sacks argues suppression 10 days before the election “could have swung” the result.
The Russiagate debate remains sharply contested even among the hosts, but Schmitt expects an accountability push focused on whether officials knowingly converted false material into actionable intelligence. Sacks calls Hamilton 68 a “hoax” that fed thousands of cable-news reports; Calacanis insists Russian hacking operations were real, even while rejecting the idea that Trump was a Russian asset. Schmitt says Comey, Clapper, and Brennan are the “most likely targets” of a possible conspiracy case, while repeatedly hedging that charges, limitations questions, and his Mar-a-Lago theory remain unresolved.
Schmitt’s foreign-policy allocation is explicit: stop open-ended Ukraine aid, force Europe to carry more of its own defense burden, and redirect U.S. capacity toward China. He says Washington funneled more than $200 billion without a plan and claims matching U.S. defense effort in Europe could free roughly $300 billion for the Indo-Pacific, where China has “a bigger navy,” though not a better one. Calacanis added that even another $100 billion could not instantly create the industrial base or weapons Ukraine needs.
The Ukraine endgame rests on negotiation because the battlefield arithmetic and Ukrainian public opinion have moved against an indefinite war. Calacanis cited a Gallup result showing support for the war at 24%, down from the 60s or 70s a year earlier; he also said Russia has roughly three times Ukraine’s population and five times its munitions. Calacanis puts the odds of negotiating successfully with Putin at only “five or 10% on a good day,” but all three accept talks; Schmitt rejects more taxpayer aid while refusing to impose a timetable on Trump’s peace effort.
Deep dive
1. Discovery exposed the censorship machinery before Twitter did
Schmitt dates the episode’s origin to a period of lockdowns, compulsory COVID shots, masking 5-year-olds, and what he calls “the greatest affront to the First Amendment” in U.S. history. Jen Psaki’s public statements about flagging Facebook content convinced him that “there had to be something much more beneath the surface.”
After suing the Biden administration and a “leviathan of agencies” in May 2022, Schmitt deliberately avoided starting with a temporary restraining order or preliminary injunction. Discovery came first: tens of thousands of emails, texts, platform communications, and records of special portals through which government personnel could flag Americans’ speech.
Depositions then put Anthony Fauci, FBI agent Elvis Chan, and a CDC official under oath about pre-bunking, flagged phrases, and agency-platform coordination. Sacks’s framing: Missouri obtained the government-side evidence before Elon Musk bought Twitter; Musk’s purchase and the Twitter Files then exposed the platform side, with similar activity at Meta and YouTube.
2. Coercion, not notification, is Schmitt’s constitutional line
Schmitt accepts that authorities may alert a platform to foreign actors or unlawful conduct. His case instead alleged “colluding and coercing” through threatened investigations, criminal liability, or lost Section 230 protection — because government cannot outsource censorship to private companies.
The evidence included White House official Rob Flaherty berating platforms for not doing enough and invoking “the highest levels of the White House.” Schmitt concedes that some technology employees were willing participants, but argues that this pressure crossed the line into censorship.
Calacanis’s steelman added a second pressure point: while one part of the administration demanded removals, Lena Khan’s antitrust posture threatened companies’ ability to acquire other businesses. The proper channel, he argued, would inform platforms about genuine foreign threats without a covert back channel or corporate reprisals.
Zuckerberg divided the hosts. Calacanis called him a “weather vane” protecting the franchise and stock price; Sacks believes Zuckerberg genuinely views social networks as a press-like estate but lacked the stomach to fight government coercion. “Most business people are going to give in to that,” Sacks said, making Musk the principle-driven outlier.
3. Editorial algorithms put Section 230 protection at risk
Sacks recalled Musk calling around 2 a.m. after examining Twitter’s internal tools: “All the conspiracy theories are true.” Trust-and-safety staff had checkboxes to exclude accounts from search, restrict distribution, or suppress content without formally banning users — the mechanism conservatives had described as shadowbanning.
Calacanis argued that deciding whether users see more MAGA or AOC content resembles a newspaper choosing its front page. If Section 230 protects neutral platforms rather than publishers, he asked, how can an algorithm engineered toward a preferred output remain compatible with that immunity?
Schmitt’s proposed standard is content neutrality. Platforms may enforce laws and legitimate protections against material such as child exploitation, but an employee or algorithm excluding broad political viewpoints should not retain what he called Section 230’s “multi-billion-dollar subsidy.” Calacanis also argued that the pressure extended beyond phrases: platforms were made to alter their terms of service to meet desired outcomes.
AI is Schmitt’s next boundary test. He is “not a doomsday guy” and expects gains in productivity and human flourishing, but fears censorship becoming embedded in model behavior before users can see the intervention.
4. The FBI’s laptop warnings primed platforms for suppression
Schmitt and Sacks say the FBI possessed Hunter Biden’s laptop by November 2019 and knew it was authentic. Yet Elvis Chan’s briefings to technology companies reportedly became weekly, while Twitter counsel James Baker advocated suppressing the story despite his prior FBI role, which Sacks says should have made him aware of the laptop’s authenticity.
Sacks reduced the FBI’s choices to three: investigate evidence of possible crimes, do nothing, or suppress future disclosures. He says it chose the third, with roughly 80 agents sending takedown requests and Chan’s group serving as the intelligence community’s “belly button” connecting agencies to social networks.
Months of warnings reportedly told trust-and-safety teams to expect Russian disinformation involving Hunter Biden. Sacks also described a tabletop exercise — he thought at the Aspen Institute — asking platform leaders how they would handle an opposition dump two weeks before the election; the resulting posture was censorship.
Calacanis pushed back that prior hacking allegations made a temporary pause reasonable if the FBI vouched for the warning. Sacks said he did not blame the social networks for believing the bureau; Schmitt’s criticism was that their willingness to go along was itself troubling and that information the FBI knew was real remained unavailable 10 days before an election. Sacks said the suppression could have swung the outcome.
5. The system extended from elections into COVID speech
Schmitt described CISA evolving from cyber-infrastructure protection into election-content monitoring with Stanford and the University of Washington, then “flipping the switch” during COVID. Questions about vaccine or mask efficacy became targets, while the CDC supplied words and phrases for platforms to flag.
Fauci’s deposition, Schmitt said, revealed efforts to undermine dissenters such as Missouri v. Biden plaintiff Dr. Jay Bhattacharya for arguing that natural immunity still mattered. His broader constitutional test is tolerating viewpoints “we vehemently disagree with even if we think it’s dangerous.”
Calacanis highlighted allegations that a CDC freedom-of-information official taught colleagues to use personal email or coded language to frustrate FOIA requests. He added the hedge himself — “I’ll put allegedly in front of it” — while arguing that the discovered emails captured a culture of evasion.
The through-line for Schmitt is scale: the FBI, CISA, CDC, NIH, White House, universities, and NGOs were involved in a broader network aligned with the official narrative. “This wasn’t just like one person making a phone call”; without the lawsuit and Musk’s purchase of Twitter, he believes the entire structure would still be dismissed as conspiratorial.
6. Hamilton 68 crystallized the hosts’ Russia disagreement
Sacks described Hamilton 68, created by former FBI official Clint Watts, as a dashboard supposedly tracking about 600 Russian accounts. Its claims reportedly generated thousands of MSNBC and CNN stories, yet internal Twitter analysis found ordinary accounts, including conservative and Canadian users; Yoel Roth’s assessment was essentially, “This is all bullshit.”
For Sacks, Hamilton 68 and the Steele dossier were manufactured predicates for a broader “red scare.” He acknowledged that Russia has capable hackers and cyber operations, but rejected the claim of heavy Russian election involvement: “When I hear the words Russian disinformation, what I hear now is red scare.”
Calacanis repeatedly resisted the absolutism. He maintained that Russia had hacked political organizations and wanted chaos, even though he considered the idea of Trump as a Russian asset “insane”; Sacks countered that the people manufacturing dashboards and investigations, not Russia, created the documented domestic chaos.
Schmitt agreed that Russia and China conduct cyber operations, but said the Russia narrative was used to launder false opposition research through intelligence institutions and weaponize them against political opponents and citizens. In his account, that explains why public trust cannot return without accountability.
7. Schmitt sees a possible conspiracy case, but keeps key claims hedged
Schmitt said former officials Comey, Clapper, and Brennan are the “most likely targets” if prosecutors pursue conspiracy to defraud the United States. His theory is that intelligence leaders turned falsehoods into actionable intelligence against Trump; an ongoing conspiracy, he argued, could alter the usual statute-of-limitations analysis.
Barack Obama probably has immunity for official presidential acts under the Supreme Court ruling argued for Trump by John Sauer, Schmitt’s former Missouri solicitor general, but not for post-presidential conduct. Schmitt said prosecutors should pursue the matter whether or not indictments ultimately result.
Sacks focused on documents released by Tulsi Gabbard that, in his reading, show Brennan received an assessment rejecting the interference theory but insisted on including the Steele dossier because it had the “ring of truth.” Schmitt said the officials would have their day in court, while Calacanis questioned whether the exercise would become prosecution or theater.
Mar-a-Lago exposed the sharpest factual disagreement. Calacanis offered only a “plausible explanation” — “I don’t know that for certain” — that investigators sought Russiagate-related material; he then called that an unjustified leap, noted that the case did not get past a motion to dismiss, and repeatedly asked why Trump did not return the documents. Schmitt answered with presidential declassification authority and ongoing archivist talks. Sacks countered with Biden’s garage documents.
8. Ukraine policy shifts from blank checks to battlefield arithmetic
Sacks argues Russiagate poisoned U.S.-Russia relations and narrowed space for a prewar settlement. Calacanis rejected any implication that this excused Putin’s invasion; Sacks agreed Putin invaded but called the conflict’s history more complicated than moral slogans and said context is necessary for peace.
Schmitt’s “American realist” position rejects what he called permanent Washington’s Wilsonian adventurism. He cited more than $200 billion sent without a plan, urged NATO members to spend more, and said matching the U.S. burden could release about $300 billion for the Indo-Pacific, where China’s navy is bigger but “not a better navy.”
Calacanis cited Gallup support for the war at 24%, down from the 60s or 70s a year earlier, as evidence Ukrainians want negotiations even with concessions. He conceded severe war fatigue but defended holding elections during wartime; Sacks argued Zelenskyy benefits from a war that keeps elections suspended, while Schmitt plainly called Russia authoritarian.
Calacanis said Russia has roughly three times Ukraine’s population and five times its munitions, while also arguing that Europe and the United States lack the industrial base to produce everything Ukraine needs quickly. Schmitt will not support more blank-check taxpayer aid and would not set a withdrawal timetable, while Sacks called fears of Russia conquering Europe “threat inflation”: after three and a half years, it had not reached the Dnieper or taken Kyiv.