On May 13, Tamás Orbán, published an article on the European Conservative website describing a letter written by Jim Jordan, the Chairman of the Committee on the Judiciary of the U.S. House of Representatives, sent to Michael McGrath, the EU Commissioner for Justice and Rule of Law, to condemn these practices and demand urgent action from Brussels.
According to Orbán, Washington can no longer ignore the political repression under the Donald Tusk-led Polish government, nor the EU’s censorship rules that threaten free speech both in Poland and the U.S.
In particular, the House Judiciary Committee is concerned about the Tusk government “weaponizing Poland’s justice system to target and censor political opponents.”
The four-page document lists, with appropriate citations, Tusk government actions that “appear designed to silence and damage its political opposition,” particularly in the lead-up to the 2025 presidential election.
The list includes prosecutions of leading figures of the Law and Justice (PiS) party, conservative activists, and even Catholic clergy on politically-motivated charges, often without sufficient facts or documentation.
It also mentions the “inhumane” treatment of political detainees during interrogation, who are put in “physical restraints” and deprived of “basic necessities,” with one parliamentary aide even suffering a fatal heart attack just days after being denied access to her attorney.
The letter reminded the Commissioner that the EU has a legal obligation under its own treaties to protect and uphold the rule of law in its member states, adding that its apparent failure to do so in Poland suggests a dangerous ideological and political bias at play.
Here is the letter (without citations) found on the House Judiciary website:
Dear Commissioner McGrath: The Committee on the Judiciary of the U.S. House of Representatives is investigating how and to what extent foreign laws, regulations, and judicial orders compel or coerce companies to censor speech in the United States. We write to express concern about recent allegations that Polish Prime Minister Donald Tusk’s government is weaponizing Poland’s justice system to target and censor political opponents. As we examine how these allegations affect the potential that Europe’s censorship regime will affect free speech in the United States, we respectfully request information about whether, and how, the European Union (EU) intends to address these actions.
Since entering office in December 2023, Prime Minister Tusk has pursued legal actions against his government’s political opposition, the Law and Justice (PiS) party, including party leaders, former officials, and supporters that appear designed to silence and damage its political opposition ahead of Poland’s 2025 presidential election. For example, in March 2025, the Polish Parliament, controlled by Prime Minister Tusk’s party, stripped PiS leader Jarosław Kaczyński’s legal immunity so he could face a defamation case brought by a politician from the ruling coalition. Additionally, in the course of a separate investigation into the PiS leader, there are reports that investigators severely mistreated PiS associates, including one former top aide who died of a heart attack just a few days after she was denied access to her attorney during an interrogation. Earlier, in March 2024, Poland’s Internal Security Agency (ISA) arrested Father Michał Olszewski, a Catholic priest with a reported friendship with the Polish Justice Minister under the PiS government, on charges that reportedly lacked supporting facts or documentation. Reports also indicate that the ISA inhumanely treated Father Olszewski by using excessive physical restraints and depriving him of basic necessities.
In addition to targeting PiS, reports also suggest Prime Minister Tusk’s government has targeted conservative Polish media. Deputy Prime Minister Krzysztof Gawkowski suggested withdrawing the broadcasting license of media outlet Telewizja Republika, a station critical of the Tusk government. Together, these actions raise concerns about whether the Tusk government is upholding the EU’s democratic values and whether it will further attempt to silence its political rivals by using anti-democratic laws like the EU’s Digital Services Act (DSA) to censor speech that criticizes the Tusk government.
The DSA requires social media platforms to have systemic processes to censor “misleading or deceptive content,” including so-called “disinformation.” Because many social media platforms generally maintain one set of content moderation policies they apply globally, restrictive government censorship laws like the DSA may set de facto global censorship standards and thus restrict Americans’ online speech. In this way, laws like the DSA violate the fundamental principles embraced by liberal democracies like the United States and the EU member countries.
Documents obtained to date in the course of the Judiciary Committee’s oversight have revealed that the Tusk government is willing to attempt to censor online content with which it disagrees. For example, in November 2024, Poland’s National Research Institute (NRI), within the Ministry of Digital Affairs, asked TikTok Inc. (TikTok) to remove content suggesting that “electric cars are neither ecological nor an economical solution.” The NRI is supervised by the Deputy Prime Minister Krzysztof Gawkowski, who is charged with implementing EU President Ursula von der Leyen’s Democracy Shield proposal to “detect, track, and delete [allegedly] deceitful online content in coordination with national agencies.” Although TikTok has thus far resisted the Tusk government’s efforts to have the content removed, the Tusk government’s willingness to seek the removal of this content, alongside the government’s actions against its political opponents, is deeply concerning. A foreign government’s efforts to remove allegedly objectionable content can directly and indirectly implicate global online speech, including American speech.
Under the Treaty on European Union, the EU is obligated to ensure that Member States, including Poland, uphold the rule of law. However, in stark contrast to EU criticism of Poland when PiS was governing, including the European Parliament’s vote to strip conservative Polish members of immunity for merely signaling support for a PiS campaign video, the European Commission does not appear to as readily criticize the Tusk government for its questionable actions. This apparent double standard raises concerns about the EU’s impartiality and its commitment to protecting fundamental rights across all member states. The EU’s silence may embolden the Tusk government’s censorship efforts, leading the Polish government to seek global removal of speech it disagrees with, which could ultimately result in the censorship of American speech.
Accordingly, we respectfully request a briefing on the EU’s position and actions regarding these troubling developments. Please ask EU staff to arrange a briefing as soon as possible to address how the EU is ensuring Prime Minister Tusk’s government is respecting due process, freedom of expression, and the rule of law, as enshrined in EU treaties; the steps that the European Commission has taken to investigate allegations of politically motivated prosecutions and rule of law violations in Poland since December 2023; and how the EU plans to implement a new European Democracy Shield, which will address so-called “misinformation” in a manner that will not chill Americans’ free speech rights.
Pursuant to the Rules of the House of Representatives, the Committee on the Judiciary has jurisdiction to conduct oversight of matters concerning “civil liberties” to inform potential legislative reforms. If you have any questions about this matter, please contact the Committee on the Judiciary staff.
PN: The letter was sent on May 13, but it's already May 25, and we do not know of any reply. In the meantime, elections in Poland are a week away. Coincidence?
- Based on the European Conservative
