US court authorizes citation of Moraes via email in action
The United States Federal Court authorized the Minister of the Federal Supreme Court (STF) Alexandre de Moraes to be cited by email in a lawsuit filed by the companies Rumble and Trump Media & Technology Group, responsible for the Truth Social network.
The decision, signed by a judge from the District Court of Florida, says that the progress of the process is now unblocked after months of unsuccessful attempts at notification through the diplomatic channels provided for in the Hague Convention.
The order does not make clear the merits of the accusations made by American companies against Moraes. The decision deals exclusively with the form of summons to the Brazilian minister and the authorization to keep documents confidential in the process.
According to the records, Rumble and Trump Media allege that Moraes issued orders to block accounts linked to a politically influential user, in addition to ordering the platform to maintain legal representation in Brazil to comply with court decisions.
The companies maintain that the measures would be incompatible with United States constitutional guarantees, especially the protection of freedom of expression provided for in the First Amendment.
According to the decision, attempts at international summons were paralyzed after a change in procedure by the Superior Court of Justice (STJ).
The document states that, "instead of approving the request for summons and submitting it for execution to a federal judge", the Brazilian court previously consulted the Attorney General's Office (PGR) and the Attorney General's Office (AGU), a move that would have brought the process to an "impasse", with no expected conclusion.
The companies also alleged that the PGR presented a confidential statement arguing that the citation should be barred, and that, subsequently, the STJ determined that the procedure should be processed "under secrecy". The companies claimed to the American court that the legal cooperation process had become "politicized and effectively unavailable".
For the American Court, the lack of a concrete perspective for compliance with judicial cooperation justified the exceptional authorization to summon Moraes by email.
The judge noted that the Hague Convention does not expressly prohibit service by e-mail and highlighted precedents from the American Courts authorizing this type of measure in cases involving Brazilian defendants and that, in addition, there was sufficient effort by companies to locate and communicate with the minister, in addition to evidence that the electronic addresses linked to the STF are valid and operational.
With the decision, Rumble and Trump Media will have 30 days to forward the summons to institutional e-mails linked to Moraes' office and prove that it was sent to the American courts.
If there is no statement from the minister or request for an extension of the deadline, companies will be able to request registration by default. In practice, this allows the process to progress without the participation of the defense, although it does not represent an automatic conviction or definitive decision against Moraes.
The Court also authorized that documents attached to the process - described by the companies as confidential orders issued in Brazil - remain under judicial secrecy until further deliberation.
When contacted, minister Alexandre de Moraes has not yet responded.
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Source: CNN