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Facebook calls on new FTC chair to recuse from antitrust case over past criticism

14 July 2021
 Dan Ackermann

Facebook on Wednesday filed a petition for Federal Trade Commission Chair Lina Khan to recuse herself from any decision-making about whether and how to continue the agency's antitrust case against the social media giant.

Why it matters: Khan, a vocal critic of Big Tech's power, took over leadership of the agency as it weighs whether to refile its complaint against the company after a judge dismissed it last month.

Details: In its petition, Facebook argues that Khan's public criticism and previous work make it seem she has already prejudged the company's antitrust liability. Facebook cites:

  • Khan's work for antitrust advocacy group Open Markets Institute.
  • Academic writing in which Facebook says Khan discussed her "belief that Facebook violated the antitrust laws."
  • Khan's work in the House Judiciary Committee's investigation of competition in the digital marketplace, which focused on Facebook and other tech companies.
  • Public appearances and statements, including a New York Times interview.
  • Twitter posts in which Khan commented on the FTC's lawsuit against Facebook.

What they're saying: "Chair Khan has consistently made well-documented statements about Facebook and antitrust matters that would lead any reasonable observer to conclude that she has prejudged the Facebook antitrust case brought by the FTC," a Facebook spokesperson said.

  • "To protect the fairness and impartiality of these proceedings, we have requested that Chair Khan recuse herself from involvement with the FTC’s antitrust case against Facebook."
  • An FTC spokesperson declined comment.

The big picture: Amazon made similar arguments about Khans's previous work and statements in seeking her recusal in a petition earlier this month.

Transcripts show George Floyd told police "I can't breathe" over 20 times

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Newly released transcripts of bodycam footage from the Minneapolis Police Department show that George Floyd told officers he could not breathe more than 20 times in the moments leading up to his death.

Why it matters: Floyd's killing sparked a national wave of Black Lives Matter protests and an ongoing reckoning over systemic racism in the United States. The transcripts "offer one the most thorough and dramatic accounts" before Floyd's death, The New York Times writes.

The state of play: The transcripts were released as former officer Thomas Lane seeks to have the charges that he aided in Floyd's death thrown out in court, per the Times. He is one of four officers who have been charged.

  • The filings also include a 60-page transcript of an interview with Lane. He said he "felt maybe that something was going on" when asked if he believed that Floyd was having a medical emergency at the time.

What the transcripts say:

  • Floyd told the officers he was claustrophobic as they tried to get him into the squad car.
  • The transcripts also show Floyd saying, "Momma, I love you. Tell my kids I love them. I'm dead."
  • Former officer Derek Chauvin, who had his knee on Floyd's neck for over eight minutes, told Floyd, "Then stop talking, stop yelling, it takes a heck of a lot of oxygen to talk."

Read the transcripts via DocumentCloud.