Case 1:21-cv-03308 Document 1 Filed 12/17/21 Page 1 of 25
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
ALI ALEXANDER
aka Ali Akbar
c/o undersigned counsel
Plaintiff, Civil Case No. __________
v.
NANCY PELOSI, in her official
capacity as Speaker of the United States
House of Representatives.
U.S. House of Representatives
Washington, D.C. 20515
BENNIE G. THOMPSON, in his official
capacity as Chair of the Select Committee
to Investigate the January 6th Attack on the
United States Capitol;
ELIZABETH L. CHENEY, in her official
capacity as a member of the United States
House of Representatives;
ADAM B. SCHIFF, in his official
capacity as a member of the United States
House of Representatives;
JAMIE B. RASKIN, in his official
capacity as a member of the United States
House of Representatives;
SUSAN E. LOFGREN, in her official
capacity as a member of the United States
House of Representatives;
ELAINE G. LURIA, in her official
capacity as a member of the United States
House of Representatives;
PETER R. AGUILAR, in his official
capacity as a member of the United States
House of Representatives;
1
Case 1:21-cv-03308 Document 1 Filed 12/17/21 Page 2 of 25
and
STEPHANIE MURPHY, in her official
capacity as a member of the United States
House of Representatives;
and
ADAM D. KINZINGER, in his official
capacity as a member of the United States
House of Representatives;
and
SELECT COMMITTEE TO
INVESTIGATE THE JANUARY 6TH
ATTACK ON THE UNITED STATES
CAPITOL;
and
VERIZON COMMUNICATIONS, INC.
Serve: General Counsel and Executive
Vice President
Craig Silliman
1095 Avenue of the Americas
New York, NY 10036
and
CELLCO PARTNERSHIP
d/b/a VERIZON WIRELESS
Serve: General Counsel
ATTN: VSAT
1 Verizon Way
Basking Ridge, New Jersey 07920
Corporate Phone Number: 1-908-559-5490
Defendants
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
AGAINST UNLAWFUL SUBPOENA FOR PLAINTIFF’S TELEPHONE RECORDS
Plaintiff Ali Alexander at all times relevant herein is a private citizen and a resident of
2
Case 1:21-cv-03308 Document 1 Filed 12/17/21 Page 3 of 25
Fort Worth, Texas. He sues for declaratory judgment pursuant to Rule 57 of the Federal Rules of
Civil Procedure ("FRCP") and 28 U.S.C. §2201, et seq., for an injunction and pursuant to 18
U.S.C. § 2702, against the Congressional Defendants for issuing an unlawful and overbroad
subpoena to Defendant Verizon for Plaintiff’s telephone records and against Defendant Verizon
to enjoin them from turning over the phone records to the Congressional Defendants in violation
of the Stored Communications Act and the First and Fourth Amendments.
INTRODUCTION
1. PLAINTIFF ALI ALEXANDER (hereinafter “Alexander”), born Ali Akbar to a Black
mother living in Section 8 housing and an Arab father, Alexander left the family when he
was two-years old, is a political consultant and voting rights activist known for leading
the election integrity movement which seeks fair elections and transparent counting of
every vote for every voter. Alexander has sponsored hundreds of rallies with millions of
participants in all fifty states. Not a single one turned violent.
2. On November 4, 2020, he started “Stop the Steal,” a viral movement and peaceful
protests across the country to address the concerns of millions of voters about how their
votes were counted during an election during a coronavirus pandemic with changing
ballot casting and counting standards.
3. Alexander was a VIP guest at the Ellipse rally on January 6, 2021, at which President
Donald J. Trump spoke. Also, Alexander held a permit for a rally at Lot 8 on the North
East side of the Capitol Grounds on that same date for a “One Nation Under God” event
and prayer rally, one of several on the Capitol Grounds scheduled to take place after the
Ellipse rally.
4. On his way to his rally permitted by the U.S. Capitol Police following the Ellipse rally,
3
Case 1:21-cv-03308 Document 1 Filed 12/17/21 Page 4 of 25
Alexander witnessed some individuals who had arrived before the Ellipse rally ended and
were clashing with police near the Capitol Building on the West side.
5. He stood on the grass and his group begged those within range of his voice to go to the
North East part of the Grounds where the rally was permitted and planned. He and his
group went around to the East side of the Capitol only to find protestors not being guided
to Lot 8 on the North East portion of the Capitol Grounds. He, again, engaged with law
enforcement offering to assist with guiding the crowd away from the Capitol steps and
toward his permitted Lot 8 space.
6. Alexander’s efforts to help the Capitol Police to deescalate the tension, captured on
video, was in vain. His “One Nation Under God” rally did not take place and he left the
Capitol Grounds.
7. On or about October 7, 2021, Alexander was served with a subpoena by the defendant
Select Committee To Investigate The January 6th Attack On The United States Capitol
(hereinafter “Select Committee”) to produce documents requested, including text
messages and emails, and to testify at a deposition.
8. Over the course of several weeks, Alexander, after considerable expense and countless
hours, submitted through counsel hundreds of pages of documents, emails, and texts, to
the Select Committee, even though much that was sought was not pertinent to the
Committee’s legislative purpose or in some cases, subject to privilege. In those cases,
Alexander only noted the date and time of the text and the subject matter. He did not
identify the sender or the recipient by name nor their telephone number for privacy
purposes. Alexander himself has been subject to numerous death threats and harassment.
9. On December 9, 2021, he appeared before the Select Committee for a deposition that
4
Case 1:21-cv-03308 Document 1 Filed 12/17/21 Page 5 of 25
lasted approximately eight hours answering numerous questions and made clear he had
no role in any of the violent activity.1 Indeed, it has been reported that the FBI has
concluded there was no coordinated plan to attack the Capitol.2
10. Shortly thereafter, Alexander received a notice from Verizon that the Select Committee
had subpoenaed Verizon for nine categories of information associated with Alexander’s
personal cell phone number, including IP addresses, devices, billing addresses, account
changes, a list of contacts, call session times, and dozens to hundreds of other data points
or metadata from November 1, 2020 (three days before the election and around five days
before the outcome of the election was known) to January 31, 2021 and which did not
contain any provision for protection of attorney client privilege Alexander may have with
his counsel or other information protected by the First and Fourth Amendments. See
Exhibit A.
11. The Verizon notice further stated that “unless Verizon receives a court document
challenging the subpoena by December 15, 2021, Verizon is compelled to comply with
the subpoena.”
12. On December 14, 2021, Alexander, through his counsel, sent Verizon a letter via
facsimile and overnight delivery submitting “a court document challenging the
subpoena,” namely, a copy of the Complaint in Mark Meadows v. Nancy Pelosi, et al,
No. 21-cv-03217- CJN (D.D.C) (filed December 8, 2021). See Exhibit B.
13. On December 15, 2021, representatives from Verizon called counsel for Alexander later
1
See ABC News, “‘Stop the Steal' organizer cooperating with Jan. 6 committee probe, sits for
8-hour interview” (Dec. 9, 2021). https://abcnews.go.com/US/stop-steal-leader-cooperating-jan-
committee-probe-deposition/story?id=81645579
2
Reuters, Exclusive-FBI finds scant evidence U.S. Capitol attack was coordinated-sources (Aug.
10, 2021). https://www.reuters.com/article/us-usa-capitol-attack-exclusive-idCAKBN2FL10X
5
Case 1:21-cv-03308 Document 1 Filed 12/17/21 Page 6 of 25
that afternoon and admitted their letter was ambiguous but stated that they meant to say
that Alexander had to provide a court document filed by him challenging the subpoena,
and agreed to an extension for Alexander to file such a suit or to join an existing one by
December 17, 2021.
14. On information and belief, Verizon has sent to over 100 subscribers and is continuing to
send to other subscribers, subpoena from the Select Committee similar to the one
Alexander received in all material respects and who similarly object to the invasion of
their privacy but do not have the resources to file a court action challenging the
subpoena’s validity on the grounds that Select Committee is unlawfully constituted and
that in any event, the production of cell phone records to the Select Committee violate the
Stored Communications Act and the First and Fourth Amendment.
15. Verizon further advised counsel this morning that they would not consider a class action
as a valid claim to prevent their turning over Plaintiff’s records to the Select Committee,
asserting that the customer agreement with Verizon precludes filing a class action.
16. The data sought is not pertinent to the investigation and sweeps up privileged
communications between Alexander and clergy, Alexander and people he spiritually
counsels, and Alexander and his respective attorneys.
PARTIES
17. Plaintiff Ali Alexander at all times relevant herein is a private citizen and public figure
and a resident of Fort Worth, Texas.
18. Defendant Nancy Pelosi (“Speaker Pelosi”) is a Democrat member of the U.S. House of
Representatives and Speaker of the House.
19. Defendant Bennie G. Thompson (“Chairman Thompson”) is a Democrat member of the
6
Case 1:21-cv-03308 Document 1 Filed 12/17/21 Page 7 of 25
U.S. House of Representatives and Chairman of the Select Committee to Investigate the
January 6th Attack on the United States Capitol. Subpoenas challenged herein were
issued with his authority as Chair.
20. Defendant Elizabeth L. Cheney is a Republican member of the U.S. House of
Representatives and members of the Select Committee to Investigate the January 6th
Attack on the United States Capitol.
21. Defendant Adam B. Schiff is a Democrat member of the U.S. House of Representatives
and members of the Select Committee to Investigate the January 6th Attack on the United
States Capitol.
22. Defendant Jamie B. Raskin is a Democrat member of the U.S. House of Representatives
and members of the Select Committee to Investigate the January 6th Attack on the United
States Capitol.
23. Defendant Susan E. Lofgren is a Democrat member of the U.S. House of Representatives
and members of the Select Committee to Investigate the January 6th Attack on the United
States Capitol.
24. Defendant Elaine G. Luria is a Democrat member of the U.S. House of Representatives
and members of the Select Committee to Investigate the January 6th Attack on the United
States Capitol
25. Defendant Peter R. Aguilar is a Democrat member of the U.S. House of Representatives
and members of the Select Committee to Investigate the January 6th Attack on the United
States Capitol.
26. Defendant Stephanie Murphy is a Democrat member of the U.S. House of
Representatives and members of the Select Committee to Investigate the January 6th
7
Case 1:21-cv-03308 Document 1 Filed 12/17/21 Page 8 of 25
Attack on the United States Capitol.
27. Defendant Adam D. Kinzinger is a Republican member of the U.S. House of
Representatives and members of the Select Committee to Investigate the January 6th
Attack on the United States Capitol.
28. Defendant Select Committee to Investigate the January 6th Attack on the United States
Capitol (the “Select Committee”) is a select committee created by House Resolution 503
(“H. Res. 503”) passed by the U.S. House of Representatives on June 30, 2021.
29. Defendant VERIZON COMMUNICATIONS, INC. has been subpoenaed to provide
subscriber data about Mr. Alexander to the Select Committee in its role as providing
telecommunications services to its “subscriber” (customer or user) Mr. Alexander.
30. Defendant CELLCO PARTNERSHIP d/b/a VERIZON WIRELESS has been
subpoenaed to provide subscriber data about Mr. Alexander to the Select Committee in
its role as providing telecommunications services to its “subscriber” (customer or user)
Mr. Alexander.
JURISDICTION AND VENUE
31. This Court has subject matter jurisdiction, pursuant to 28 U.S.C. § 1331, because this
action arises under the Constitution and laws of the United States.
32. This Court has personal jurisdiction over Speaker Pelosi because she sponsored H. Res.
503 and oversaw its passage in the House. She also approved and ratified the issuance of
the Alexander and Verizon Subpoenas from Washington, D.C.
33. This Court has personal jurisdiction over Chairman Thompson because he presides over
the Select Committee and issued the Alexander and Verizon Subpoena from his office
address in Washington, D.C.
8
Case 1:21-cv-03308 Document 1 Filed 12/17/21 Page 9 of 25
34. This court has personal jurisdiction over Elizabeth L. Cheney, Adam B. Schiff, Jamie B.
Raskin, Susan E. Lofgren, Elaine G. Luria, Peter R. Aguilar, Stephanie Murphy, Adam
D. Kinzinger because they serve as members of the Select Committee that issued the
Alexander and Verizon Subpoenas from Washington, D.C.
35. This Court has personal jurisdiction over the Select Committee because it is located and
operates in Washington, D.C. Mr. Alexander was compelled to appear there, in-person,
without the option of secure remote video options afforded to Members of the Select
Committee, during the pandemic. This caused one of Mr. Alexander’s legal counsel not
to be afforded an opportunity to accompany him.
36. This Court has personal jurisdiction over the Verizon Defendants because it operates
continuously and generally in the District of Columbia, including but not limited to
installation and operation of physical technical equipment such as cell towers for the
conduct of telecommunication services to subscribers like Mr. Alexander. The Verizon
Defendants knew that they might be held to answer in the District of Columbia including
but not limited to their business goals and promises of providing telecommunication
services to subscribers throughout the country.
37. Venue is proper under 28 U.S.C. § 1391(b) as a substantial part of the events giving rise
to the claim occurred in Washington, DC.
COUNT I: THE VERIZON SUBPOENA WAS NOT VALIDLY ISSUED BY A DULY
AUTHORIZED COMMITTEE AND THUS WAS ULTRA VIRES.
38. The composition of the House Select Committee to Investigate the January 6th Attack
on the United States Capitol is governed by Section 2 of H. Res. 503. Section 2(a) states
“Appointment Of Members.—The Speaker shall appoint 13 Members to the Select
9
Case 1:21-cv-03308 Document 1 Filed 12/17/21 Page 10 of 25
Committee, 5 of whom shall be appointed after consultation with the minority leader.”
H. Res. 503 117th Cong. (2021).
39. Speaker Pelosi has appointed only nine members to the Select Committee: seven
Democrats and two Republicans. None of these members was appointed from the
selection of five GOP Congresspersons put forth by Republican Minority Leader Kevin
McCarthy.
40. Authorized congressional committees have subpoena authority implied by Article I of
the Constitution. McGrain v. Daugherty, 273 U.S. 135, 174 (1927). The Select
Committee, however, is not an authorized congressional committee because it fails to
comport with its own authorizing resolution, House Resolution 503.
41. Congress’ failure to act in accordance with its own rules is judicially cognizable. Yellin
v. United States, 374 U.S. 109, 114 (1963). This is particularly significant where a
person’s fundamental rights are involved.
42. Speaker Pelosi failed to appoint members consistent with the authorizing resolution of
the Select Committee. Pelosi has appointed only nine members of Congress to serve on
the Select Committee; whereas the authorizing resolution instructs the Speaker “shall”
appoint thirteen members. H. Res. 503 § 2(a), 117th Cong. (2021).
43. Further, of those nine members Speaker Pelosi has appointed, none of them was
appointed after consultation with the minority member, as is required by the authorizing
resolution. H. Res. 503 § 2(a), 117th Cong. (2021).
44. Thus, the Select Committee as it currently stands—and stood at the time it issued the
Verizon Subpoena in question—has no authority to conduct business because it is not a
duly constituted Select Committee. Chairman Thompson’s subpoena is invalid and
10
Case 1:21-cv-03308 Document 1 Filed 12/17/21 Page 11 of 25
unenforceable.
COUNT II: THE VERIZON SUBPOENA IS OVERLY BROAD AND BEYOND THE
SCOPE OF THE COMMITTEE’S JURISDICTION.
45. H. Res. 503 was voted along partisan lines and is overly broad, addressing even the
coronavirus pandemic, but it is not unlimited in scope. The Verizon Subpoena dates are a
violation of the authorizing resolution that created the Select Committee.
46. H. Res. 503 establishes three “functions” of the Select Committee: (1) to “investigate the
facts, circumstances, and causes relating to the domestic terrorist attack on the Capitol”;
(2) to “identify, review, and evaluate the causes of and the lessons learned from the
domestic terrorist attack on the Capitol”; and (3) to “issue a final report to the House
containing such findings, conclusions, and recommendations for corrective measures
described in subsection (c) as it may deem necessary.”
47. Subsection (c) of Section 4 describes three categories of “corrective measures”:
“changes in law, policy, procedures, rules, or regulations that could be taken” (1) “to
prevent future acts of violence, domestic terrorism, and domestic violent extremism,
including acts targeted at American democratic institutions”; (2) “to improve the security
posture of the United States Capitol Complex while preserving accessibility of the
Capitol Complex for all Americans”; and (3) “to strengthen the security and resilience of
the United States and American democratic institutions against violence, domestic
terrorism, and domestic violent extremism.”
48. In August, the Select Committee demanded records from fifteen different social media
companies, including Facebook, Reddit, Twitter, and YouTube. See Press Release,
Bennie G. Thompson, Chairman, Select Comm. to Investigate the Jan. 6th Attack on the
11
Case 1:21-cv-03308 Document 1 Filed 12/17/21 Page 12 of 25
U.S. Capitol, Select Committee Demands Records related to January 6th Attack from
Social Media Companies (Aug. 27, 2021). The subpoena directed these companies to
produce all internal company policies and actions taken relating to “misinformation”
about the 2020 election, efforts to interfere with the 2020 election or electoral results,
violent domestic extremists, foreign interference with the 2020 election, and more.
49. The Select Committee has also issued preservation of records orders and subpoena to
major banking corporations and telecommunication companies. Witnesses are treated as
targets and receive no notice from the Select Committee or many of these services that
hundreds of millions of Americans used to participate in both commerce and the
marketplace of ideas.
50. The Verizon Subpoena issued by the Select Committee on November 22, 2021, instructs
Verizon to produce subscriber information and mobile phone data associated with
Alexander’s personal mobile phone number. See Exhibit A. The subscriber information
requested includes subscriber names and contact information, authorized users, time of
service provided, account changes, associated IP addresses, and other metadata. The
mobile phone data requested could include all calls, text messages, and other records of
communications associated with that phone number. This data can be used for historic
mobile site analysis. The Verizon Subpoena requested all Mr. Alexander’s personal
mobile phone data for three months: from November 1, 2020 and January 31, 2021.
51. Mr. Alexander provided the Select Committee with four different productions of
documents, with thousands of records. He provided both responsive documents and
volunteered other documents he thought might be relevant to the Select Committee’s
investigation. These records include over one thousand five hundred (1,500) mobile
12
Case 1:21-cv-03308 Document 1 Filed 12/17/21 Page 13 of 25
messages that were routed through his Verizon phone service. Notably, as for text
messages and emails that were not pertinent or subject to privilege, he did not provide the
name of the other party to the communication or their phone number. The Select
Committee has not challenged that privilege log.
52. On November 24, 2021, Mr. Alexander provided the Select Committee with over one
thousand and five hundred (1,500) mobile messages sent and received by him and people
he corresponded with. All of these were using his Verizon phone service. Mr. Alexander
expressed his concerns to the Select Committee about compromising the privacy rights of
uninterested parties, and members of political group(s), and productions that exceeded
the scope of H. Res. 503.
53. More importantly, Alexander provided the Select Committee with a privilege log of his
text messages noting where the subject matter of the text was not pertinent to the
Committee’s scope of inquiry or otherwise privileged but did not identify the party or the
phone number of the sender or recipient of the text unless it was Mr. Alexander.
54. The Committee has not challenged the validity of these privilege logs but the subpoena
for his records, if enforced, would reveal those phone numbers that can easily identify the
name of the person with that cell phone number, and hence, lead to harassment of those
individuals by the Committee with additional subpoena to testify or produce records.
55. The breadth and invasiveness of the Verizon Subpoena also gave the appearance of a
criminal investigation, not a legislative fact-finding mission. It seeks private data used to
track an individual person’s communications and location, information that would bear
on an investigation into that individual, not on potential legislation to be passed by
Congress. It also requests this data for a period more than two months prior to January 6,
13
Case 1:21-cv-03308 Document 1 Filed 12/17/21 Page 14 of 25
and indeed several days before the November 3 election, the ostensible focus of the
Select Committee’s supposed legislative recommendations.
COUNT III: THE VERIZON SUBPOENA VIOLATES THE FOURTH
AMENDMENT
56. The Verizon Subpoena instructs Verizon to produce subscriber information and mobile
phone data associated with the phone number(s) used by Mr. Alexander.
57. The subscriber information requested includes subscriber names and contact information,
authorized users, time of service provided, account changes, associated IP addresses,
session times, and other metadata.
58. The mobile phone data requested includes all calls, text messages, and other records of
communications associated with that phone number.
59. This data can be used for historic mobile site analysis.
60. The requested data arbitrarily covers four full months: November 1, 2020 through
January 31, 2021.
61. Mr. Alexander produced, to the Select Committee, on four separate occasions, content
from this mobile phone that was responsive to his October 7, 2021 subpoena. He has
been exceedingly compliant with specific requests and described his process to fulfilling
general requests.
62. Mr. Alexander has a reasonable expectation of privacy in his personal mobile phone and
data. He remains a private citizen who has never served in government. He has
reasonable expectations of privacy and under no required record keeping regulations like
government officials or government employees.
63. The Fourth Amendment enumerates the right of private individuals to be free from
14
Case 1:21-cv-03308 Document 1 Filed 12/17/21 Page 15 of 25
unreasonable search and seizure by the government into their persons, houses, papers,
and effects. It also protects a person’s reasonable privacy expectations. Katz v. United
States, 389 U.S. 347, 351 (1967).
64. The fact that a third party at least temporarily stores a person’s mobile phone data does
not alter his expectation or its reasonableness. Carpenter v. United States, 138 S. Ct.
2206, 2217 (2018).
65. The Fourth Amendment restricts the ability of the Select Committee to issue sweeping
subpoena untethered from any valid legislative purpose. See Oklahoma Press Pub. Co. v.
Walling, 327 U.S. 186, 196 (1946).
66. If the government, including the Select Committee, seeks to obtain documents or data
protected by the Fourth Amendment, it must be obtained by consent or otherwise
authorized by law. Mr. Alexander has not provided his consent for Verizon to produce
his mobile phone data to the Select Committee. And for the reasons discussed infra, the
Select Committee’s subpoena is invalid.
67. A congressional subpoena must be reasonable. An all-encompassing subpoena for
personal, nonofficial documents falls outside the scope of Congress’ legitimate legislative
power. See Trump v. Mazars USA, LLP, 140 S. Ct. 2019, 2040 (2020).
68. The Select Committee’s subpoena to both Verizon and Mr. Alexander are so broad and
indefinite as to exceed the lawfully authorized purpose of the Select Committee. See
McPhaul v. United States, 364 U.S. 372, 381 (1960). The subpoena to Verizon, in
particular, contains no limitations seeking to preserve applicable privileges or prevent
violations of constitutional rights.
69. For the Select Committee to subpoena Verizon for all Mr. Alexander’s personal mobile
15
Case 1:21-cv-03308 Document 1 Filed 12/17/21 Page 16 of 25
phone data over the course of three months is entirely unreasonable. Such a request is so
broad both temporally and with respect to the collected data, that the Select Committee
exceeds any lawfully authorized purpose.
70. As the subpoena in question exceeds the lawfully authorized purpose of the Select
Committee, full compliance with such subpoena would violate Mr. Alexander’s Fourth
Amendment protection against unlawful search and seizure. The subpoena is thus invalid
and unenforceable.
COUNT IV: THE SELECT COMMITTEE IS A FEDERAL GOVERNMENT BODY
ACTIVELY ABRIDGING MR. ALEXANDER’S FIRST AMENDMENT RIGHTS AND
SETTING A CHILLING EFFECT ON THOSE RIGHTS
71. Alexander understands that this court must work to balance the competing interests
between individual privacy and public interests.
72. However, Alexander’s willingness to produce voluminous documents, appear for eight
(8) hours for testimony, and provide records within the scope of some of what the Select
Committee seeks in the Verizon Subpoena, the court must ask, what else could the Select
Committee possibly be seeking that satisfies its constitutional authority and resolution-
limiting scope? There is nothing.
73. There can be no public interest in Alexander’s private life or actions or interactions that
are prior to even the formation of his 2020 “Stop the Steal” efforts.
74. Likewise, there cannot be public interests—none that have a legislative remedy that
would prevent a future attack at the Capitol—in probing Alexander’s interactions post-
attack.
75. That is a duty not reserved for Congress. See, e.g., Barenblatt v. United States, 360 U.S.
109, 112 (1959), Watkins v. United States, 354 U.S. 178, 197 (1957), Gibson v. Florida
16
Case 1:21-cv-03308 Document 1 Filed 12/17/21 Page 17 of 25
Legislative Investigation Comm., 372 U.S. 539 (1963).
76. Because the Select Committee is issuing subpoena for third-party information, and
without notice, there is no one to contest or object (rights afforded to witnesses producing
documents and testimony) on the grounds of pertinency and forcing the Select
Committee, as it is constitutionally required to do (Deutch v. United States, 367 U.S. 456,
467-68 (1961)), to establish a nexus between the information sought and a subject of
overriding and compelling public interest.
77. The Select Committee has not provided clarity in what or why they’re seeking broad
phone records. The opportunity to request clarity and object is established precedent
(Watkins, 354 U.S. at 214-15.).
78. Some colleagues, business prospects, former clients, and associates have not spoken to
Mr. Alexander or ceased communication with him because of public reports that his
phone records would be obtained. This has harmed his ability to effectively exercise his
First Amendment rights and conduct his business.
79. Mr. Alexander used his personal mobile device to engage in protected advocacy and
other speech, including privileged speech with his attorney(s) and clergy. Mr. Alexander,
himself, is also a Christian minister and engaged in counseling, prayers, and ministerial
duties using his mobile phone.
80. All of these associational and expressive activities are protected by the First Amendment.
Recall, Alexander runs an organization and his membership is constitutionally protected.
See Buckley v. Valeo, 424 U.S. 1, 64 (1976); Black Panther Party v. Smith, 661 F.2d
1243, 1267 (D.C. Cir. 1981); Am. Fed'n of Lab. & Cong. of Indus. Organizations v. Fed.
Election Comm'n, 333 F.3d 168, 179 (D.C. Cir. 2003); NAACP v. Alabama, 357 U.S. 440
17
Case 1:21-cv-03308 Document 1 Filed 12/17/21 Page 18 of 25
(1958).
81. The information sought from Verizon by the J6 Committee would also intrude on
Plaintiff’s rights to freedom of association as protected by the First Amendment of the
U.S. Constitution. See, e.g., NAACP v. Alabama, 357 U.S. 449, 462 (1958).
82. Alexander’s First Amendment rights and future 2022 election cycle activities are and will
be injured by Committee’s far-reaching general warrant a/k/a Verizon Subpoena.
83. There was no evidence suggesting that Plaintiff, and upon information and belief there is
no evidence from any witness, participated in or planned to organize an attack on the
Capitol. There was no evidence suggesting that Plaintiff, and upon information and
belief there is no evidence from any witness, participated in or planned to organize an
attack on the Capitol. In fact, senior FBI officials have testified that their investigation
found no criminal wrongdoing on the speakers and organizers, such as Plaintiff, and their
respective organizations. See https://www.reuters.com/world/us/exclusive-fbi-finds-
scant-evidence-us-capitol-attack-was-coordinated-sources-2021-08-20/
84. At Alexander’s December 9, 2021 deposition, he testified that he had a few phone
conversations with Representative Paul Gosar and no verbal phone conversations with
Representatives Andy Biggs or Mo Brooks that he recalls. The Select Committee asked
him about all three Members of Congress. Mr. Alexander testified that he had phone
conversations with Rep. Brooks’ staff about a “Dear Colleague” letter and how his
activists could be helpful. Mr. Alexander believes he exchanged a text message with Rep.
Brooks, contents which he provided to the Committee. He also testified that he spoke to
Rep. Biggs in person and never by phone, to the best of his recollection. In January, Mr.
Alexander held an organizing call where Members of Congress might have been present,
18
Case 1:21-cv-03308 Document 1 Filed 12/17/21 Page 19 of 25
and some were invited. He doesn’t recall who was in attendance because there was no
roll call of attendees because the call was so large.
85. On January 6, 2021, it was reported that Mr. Alexander had a call with fundraiser Ms.
Kimberly Guilfoyle. Mr. Alexander volunteered this information on a radio show that
early morning. The Select Committee asked him about this call. He stated that it was a
short and pleasant call. Ms. Guilfoyle thanked Mr. Alexander for being a leader on voting
rights and creating the “Stop the Steal” movement. The two spoke about the ongoing
Georgia election and the GOP primaries that would take place in 2022. The Select
Committee seemed satisfied with Alexander’s explanation of that short call.
86. The Select Committee is probing Plaintiff because of his political beliefs and work
covered by the First Amendment. The Committee should be very deliberate and precise
about inquiries as Plaintiff has already experienced a chilling effect on his First
Amendment activities (losing work and closing a bank account due to the Committee’s
inquiries). Sweeping up communications from whole periods of time, and leaking that to
the press, further injures Plaintiff’s First Amendment activities.
87. There is no reason to believe that the full record of personal and political contacts of each
Plaintiff, extending for nearly two months before the rally (long before it was even a
remote possibility) and continuing for a month afterwards, is necessary to supplement
their fulsome explanation of the events of the rally and preceding to it.
88. Instead, the Select Committee’s Subpoena will yield data that will be used to populate a
massive database of the personal friends and political associates of not just Plaintiffs, but
everyone who has had any connection with the belief in election integrity, government
skepticism, other political associations or vendors who worked with Plaintiff. By
19
Case 1:21-cv-03308 Document 1 Filed 12/17/21 Page 20 of 25
analyzing data patterns in phone numbers, call session times, text messages, and
geolocation data, investigators can build a permanent nationwide model of intimate
political associations and networks within the conservative movement that has relevance
89. Such phone database It is far beyond “legislating” to deal with Capitol security or
preventing another breach of the Capitol or any other federal building such as the
Supreme Court where pro-abortion activists charged the Supreme Court building last
Spring and where Senator Schumer, on the steps of the Supreme Court, while it was
hearing an abortion case, threatened Justices Kavanaugh and Gorsuch by turning to the
Court and shouted, “you won’t know what hit you” if the Justices ruled against the pro-
abortion position. See National Review, "Schumer to Gorsuch and Kavanaugh: Nice
Little Court Ya Got There, Hate to See Anything Happen to It …" (March 5, 2020). See
https://www.nationalreview.com/2020/03/chuck-schumer-attack-on-supreme-court-
despicable/
90. The billions of data points yielded can recreate not just intimate relationships, but also
locations and movements, creating a virtual CAT-scan of the Select Committee’s
political opposition, likely including even their own colleagues in the House of
Representatives.
91. It is significant that the Verizon Subpoena uniformly asks for three months of phone
records for a large number of people, some of whom touch upon the Committee’s inquiry
for only a few days. Plaintiff did not become aware of the potential for a January 6 rally
or permitted protest near the Capitol until or about December 16 or 17, 2021. Verizon
Subpoena asks for data predating the origin of the idea of such an event by a month and a
half.
20
Case 1:21-cv-03308 Document 1 Filed 12/17/21 Page 21 of 25
92. Plaintiff’s personal account information, and the complete record of his private phone
and text contacts with all of their political and personal acquaintances for three months, is
not pertinent to any inquiry into what happened on January 6, or its causes. Instead, it is
an impermissible attempt to harass the Plaintiff, identify their close colleagues, and
potentially subject even those individuals and their carriers to subpoena. Not only does
this chill communication among these friends and political associates, it builds an
opposition research file for the 2022 election cycle for the single party that mans, staffs,
and controls the Select Committee.
93. Plaintiff has already experienced financial losses, opportunity losses, and additional
sufferings related to his 2022 election work because of the Committee's extended non-
January 6th probe into his work.
94. Even if had a valid reason to seek protected information, the Select Committee has put in
place no safeguards to protect Mr. Alexander’s rights.
95. The Select Committee has a well-documented history of leaking to at least one news
outlet in particular. That news outlet has been hostile to Mr. Alexander and is privy to
documents the public does not have access to. The distribution of committee materials or
characterizing them is prohibited for staff or Members to do by law.
96. The Verizon Subpoena is also a clear effort to chill the speech of the Select Committee
Members political adversaries.
97. Mr. Alexander is a prominent political activist and grassroots organizer; an unelected
Republican who has never sought governmental office.
98. Prior to the Select Committee’s formation, Mr. Alexander campaigned against the re-
election of the only two Republicans on the Select Committee; Republicans who were not
21
Case 1:21-cv-03308 Document 1 Filed 12/17/21 Page 22 of 25
appointed by the Republican caucus.
99. Mr. Alexander reasonably fears this is payback for his beliefs and lawful campaign
activity that is being lumped in with illegal acts; and before a body that is not permitted
to do either such thing.
100. The two Republican members of the Committee have a personal conflict.
101. Allowing an entirely partisan select committee of Congress to subpoena the
personal mobile phone data of prominent activists and legal permit holders would have a
massive chilling effect on current and future activists’ associational and free speech
rights.
102. The Select Committee’s Subpoena will yield data that will be used to populate a
massive database of the personal friends and political associates of not just Plaintiff’s, but
everyone who has had any connection with the belief in election integrity, government
skepticism, other political associations or vendors who worked with Plaintiff. By
analyzing data patterns in phone numbers, call session times, text messages, and
geolocation data, investigators can build a permanent nationwide model of intimate
political associations and networks within the conservative movement that has relevance
far beyond “legislating” to deal with Capitol security or preventing another breach of the
Capitol. The billions of data points yielded can recreate not just intimate relationships,
but also locations and movements, creating a virtual CAT-scan of the Select Committee’s
political opposition, likely including even their own colleagues in the House of
Representatives.
103. What if the opposite were to happen to “Black Lives Matter” activists who
attacked federal buildings during a Republican majority? Without any limit as to date
22
Case 1:21-cv-03308 Document 1 Filed 12/17/21 Page 23 of 25
range or geography or persons?
104. In that regard, the Danelle Brian, the Chair of the Project on Government
Oversight (POGO), submitted a letter to Committee Chairman Thompson on October 5,
2021, expressing grave concerns about the subpoena impact on First Amendment
freedoms, stating in part:
Indeed, we at POGO were the subject of overreaching subpoena in the
1990s, including subpoena for my home phone records, in an effort to
identify whistleblowers who had exposed the oil and gas industry’s fraud in
underpaying royalties.5
If similar efforts to target and malign government critics or marginalized
communities are attempted in the future, it is vital they cannot weaponize
the vast array of private digital information that exists in modern society, or
collect such information to harm or chill expression by religious minorities,
political dissidents, or whistleblowers. The actions the committee takes in
the coming weeks may set important precedent for how congressional
demands for records are used going forward.
https://www.pogo.org/letter/2021/10/letter-to-january-6-committee-supporting-careful-
use-of-subpoena-authority/
105. The Select Committee’s asserted interest is insufficient and its alternative means of
obtaining this information are too obvious to justify such a drastic chilling of speech.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff asks the Court to enter judgment in his favor and against
Defendant and to order the following relief:
a. A declaratory judgment that the Verizon Subpoena are ultra vires, unlawful, and
unenforceable;
b. A declaratory judgment that the Verizon Subpoena, in part or in whole, serves no
valid legislative purpose and exceeds the Select Committee’s Constitutional
23
Case 1:21-cv-03308 Document 1 Filed 12/17/21 Page 24 of 25
authority;
c. A declaratory judgment that compliance with the Verizon Subpoena would
violate the Stored Communications Act;
d. A declaratory judgment that the Verizon Subpoena violates Mr. Alexander’s
Fourth Amendment rights;
e. A declaratory judgment that the Verizon Subpoena violates Mr. Alexander’s First
Amendment and Due Process rights;
f. An injunction prohibiting Verizon from producing any phone data to the Select
Committee and that any data submitted be returned to the Plaintiff if produced.
g. An injunction prohibiting the Committee from using any phone data submitted by
Verizon the Select Committee and that any data submitted be returned to the
Plaintiff if produced or destroyed.
h. In the alternative, an order modifying the Verizon Subpoena to seek only
unprivileged information, in a specified date range (ex. January 1, 2021 09:00
AM to January 6, 2021 18:00 PM), that does not infringe on Mr. Alexander’s
constitutional rights;
i. An injunction quashing the Verizon Subpoena and prohibiting their enforcement
by Defendants;
j. An injunction prohibiting Defendants from imposing sanctions for noncompliance
with the Verizon Subpoena;
k. An injunction prohibiting Defendants from inspecting, using, maintaining, or
disclosing any information obtained as a result of the Verizon Subpoena;
l. An award in favor of Plaintiff for his reasonable expenses, including attorneys’
fees and costs, incurred as a result of the Verizon Subpoena; and
m. Any and all other relief that the Court deems just and proper.
24
Case 1:21-cv-03308 Document 1 Filed 12/17/21 Page 25 of 25
Dated: December 17, 2021 Respectfully submitted,
ALI ALEXANDER, By undersigned counsel
/s/Jonathon Moseley
Jonathan A. Mosely
USDCDC Bar No. VA005
Virginia State Bar No. 41058
Mailing address only:
5765-F Burke Centre Parkway, PMB #337
Burke, Virginia 22015
Telephone: (703) 656-1230
Facsimile: (703) 997-0937
[email protected]
[email protected]
/s/Paul D. Kamenar
Paul D. Kamenar
D.C. Bar 914200
1629 K Street, N.W. Suite 300
Washington, D.C. 20006
Telephone: (301) 257-9435
[email protected]
25
