In October, BreakThrough News received a letter from Rep. Jason Smith of the House Ways and Means Committee, threatening to personally subpoena seven members of our journalistic, editorial and administrative staff — including Rania Khalek, Zoe Alexandra and Amanda Yee — unless we handed over our financial records and internal communications.

Through its attorneys, BreakThrough News has now issued an official response, which you can read below. Once again, we expressed that we would not surrender our First Amendment rights in the face of a blatantly unconstitutional abuse of power, and that no legitimate legislative basis has been established for this inquiry. In his own statements, Rep. Smith has made no attempt to disguise the fact that his Committee subpoenas are fueled by opposition to BreakThrough’s editorial stances and viewpoints, which he calls “anti-American.”

We have been overwhelmed by support from our community, who have raised their voices in defense of our constitutionally protected right to free speech under the First Amendment. We ask all readers to continue showing their support by signing the petition below and making a donation to help defend the organization.

Our attorneys’ response explains:

“Threatening compulsory depositions of journalists and newsroom staff to compel document production operates as coercive retaliation by explicitly targeting the core editorial leadership and journalistic staff of BreakThrough News. Allowing a congressional committee to haul journalists into deposition rooms to grill them on domestic and foreign policy reporting sets a dangerous precedent of state-sponsored press intimidation that chills independent journalism nationwide and infringes on core First Amendment protections.”

On October 19, a coalition of ten major civil liberties and press freedom organizations, led by the Freedom of the Press Foundation, issued a joint letter to Rep. Smith demanding an end to the persecution of BreakThrough.

The letter noted: “Serially subpoenaing employees of a small left-wing news outlet to compel them to personally appear before you, for no reason other than to further a vindictive political stunt, is beyond the pale and reminiscent of some of the darkest chapters in our nation’s history.”

We are deeply appreciative of organizations that have spoken out: Freedom of the Press Foundation, American Society of Journalists and Authors, Defending Rights & Dissent, First Amendment Foundation, National Coalition Against Censorship, National Press Photographers Association (NPPA), PEN America, Society of Environmental Journalists, Society of Professional Journalists, and The Media and Democracy Project.

We would like to express our gratitude for the hard work of our legal counsel — the Law Office of Andrew D. Herman and Mara Verheyden-Hilliard of the Partnership for Civil Justice Fund — in responding to this outrageous attack.

Finally, we extend our solidarity and appreciation to all the members of our team, who continue to work tirelessly to produce meaningful journalism in the face of federal threats.

Read our full response below issued by BreakThrough’s attorneys.

For months, MAGA Republicans in the House Ways and Means Committee have been targeting BreakThrough News for our editorial judgment and viewpoints they don’t like. The Committee is abusing their powers in a blatant attempt to shut us down. Now, they’ve taken things to another level. 

We just received a new letter from Committee Chairman Jason Smith (R-MO). The letter lists the names of our reporters and editors and threatens to individually subpoena each of them to a deposition in Washington if we don’t yield our legal rights, including First Amendment privileges.

The letter makes clear that this is a punishment for resisting their previous unconstitutional demands on our organization. In July, they subpoenaed our communications and records, smeared us in the press, and threatened our non-profit status in an effort to intimidate and bankrupt us.

Because we’ve held strong in defense of our First Amendment rights, they are now going after our journalists: Rania Khalek, Zoe Alexandra, and Amanda Yee have all been personally named, along with other staff.

We are making an urgent appeal for your support. Stand with us and fight back against Trump’s repression of the press by taking the following steps:

1. Sign the petition telling the House Ways and Means Committee to stop its attempts to intimidate our journalists. This is a clear abuse of power and an attack on the press that we all need to resist.
2. This fight is going to take time and resources from our organization — which is exactly the point. Make a donation today so MAGA’s attempt to slow us down doesn’t succeed.

Rania Khalek, Zoe Alexandra, Amanda Yee, and the BT staff work around the clock to do critical reporting on the entire world: from West Asia to Africa, across the Americas and Asia. Yet Rep. Smith now wants to drag our reporters to Washington, D.C.

These MAGA politicians, using an old playbook, say anyone challenging their warmongering policies is a “foreign agent” of China. But that’s a lie. Many of their biggest billionaire donors do extensive business in foreign countries, including China. What they’re really trying to do is discredit and destroy anyone that tells the truth to the U.S. public about Trump’s domestic and foreign policies. 

BT is an independent news organization, which receives no editorial direction from any outside force. All major donations have come from U.S. organizations, using U.S. financial institutions, and complying with all U.S. laws. We’re audited and file a complete tax return to the IRS every year, just like everyone else.

So what’s this really about? It’s intimidation of the press, pure and simple. MAGA has made it a sport to target critical reporters just for doing their jobs. But unlike huge media outlets like the New York Times or CNN, we aren’t a billion-dollar company with an army of lawyers. We’re relying on grassroots support, and people of conscience who care about free speech, to come to our defense so we can stand strong.

Our lawyers already provided a comprehensive reply to the House Committee in August, pointing out the serious legal flaws in their demands and failures to provide a valid legislative purpose. And like before, Rep. Smith has come back with a new letter with a new legal rationale for the continued harassment. The fact that his explanation keeps shifting shows that the real goal is to target us, and that there is no legitimate legislative purpose. While his Congressional district in Missouri has one of the highest poverty rates in the country, this is how he’s spending his time and taxpayers’ money.

The pressure from the House Ways and Means Committee is escalating. We are a small organization now taking on the power of the federal government and, while they are wrong, we have to take it seriously. We need you to help circulate this alert far and wide, to sign the petition in our defense if you haven’t already, and to make a donation to protect our outlet and the future of independent media.

We will keep all of you posted as we enter this next stage of the fight.