Jordan’s ESG Antitrust Subpoena: “So Shall You Reap!

November 3rd, 2023

Some headlines write themselves. House Judiciary Committee Chairman Jim Jordan on Wednesday subpoenaed As You Sow, one of the powerful NGOs at the heart of the spider’s web of non-profit activists, investment funds and asset managers that have been colluding behind the scenes to use ESG mandates for self-dealing and ideological domination.

As we’ve seen, these mandates go beyond unworkable environmental demands, some of which arguably harm the environment (like making it difficult to substitute coal-generated electricity with much cleaner-burning natural gas). They also include attempts to punish corporations for failing to take stands on a laundry list of left-wing causes, from abortion (which has nothing to do with fiduciary responsibility) to having the temerity to donate to right-leaning organizations and … trigger warning – send your children out of the room – Republicans!

Chairman Jordan’s subpoena comes after repeated attempts, going back to August, to obtain responsive documents from As You Sow. This NGO is a member of the Climate Action 100+ and Ceres, the beating heart of the ESG cartel. In a curt response to Jordan, As You Sow asserted it cannot be in violation of antitrust law, suggesting that it is protected for representing “shareholders on issues related to climate change.” This flies in the face of a Wall Street Journal editorial by Lina Khan telling companies that violators of the Sherman Antitrust Act cannot protect themselves by embracing a cause.

Over nine pages, Jordan refutes point by point each of As You Sow’s excuses for its non-compliance. As You Sow asserts it doesn’t have to comply because it is a non-profit, or because it does not possess “’market control,” and other reasons that fly in the face of clear law and precedent.

Two conclusions emerge from Jordan’s letter. First, As You Sow is banking on the hope that the Biden Administration will protect it and that the courts will not enforce a congressional subpoena. Second, they must really have a lot to hide.