E90: Twitter subpoenas, market overview, Pelosi's Taiwan visit & more

**Chamath Palihapitiya** (0:00)
Just a couple of questions before we kick off.
Look, that's what I told you before. It's bad bitch o'clock, okay? It's 6.30.
I've been through a lot, Sacks, right now, but I'm still flirty, okay? Is everybody back up in the building, Sacks? It's been a minute. Tell me how you're healing. Because I'm about to get into my feelings. How you feeling, Sacks? How you feel right now?

**David Sacks** (0:19)
What language are you speaking right now?

**Jason Calacanis** (0:22)
This is a language called hip hop, Sacks. You right remember when you had at your 50th?

**Chamath Palihapitiya** (0:29)
Yeah, when you had beep. And she sang beep beep.

**Jason Calacanis** (0:35)
And your was dancing to beep.

**David Sacks** (0:40)
Delete that.

**Chamath Palihapitiya** (0:41)
Delete that.

**David Friedberg** (0:43)
Let's start executing the Insta-strike with J.Cal.

**Chamath Palihapitiya** (0:45)
Why Insta-strike?

**David Friedberg** (0:46)
When he says something that we just Insta-strike, we don't have to edit it later. Just Insta-strike.

**Jason Calacanis** (0:50)
It's because I am taking back my power. I was in therapy the other day and they told me I need to take back my power.

**David Friedberg** (0:57)
Insta-strike.

**David Sacks** (0:58)
But he apparently reads the comment section because he knew Friedberg that you won the episode last week.

**Jason Calacanis** (1:02)
Oh, big time.

**David Sacks** (1:04)
I thought you did a great job.

**Jason Calacanis** (1:06)
It was big Friedberg energy. Finally.

**David Friedberg** (1:08)
I honestly do not like the competitive nature of the show. I think it makes us all hate each other and it's not a good dynamic. We should just fucking do the show with each other.

**Jason Calacanis** (1:17)
I know. But the point is, your performance after I threatened to fire off the show has gone up.

**Chamath Palihapitiya** (1:22)
You know who also doesn't like the competitive nature? Jake out because he's losing.

**David Sacks** (1:27)
Yeah, totally.

**Jason Calacanis** (1:28)
The fact that I'm even still here is winning.

**David Sacks** (1:30)
I love how Jake out thinks he can threaten to fire Friedberg. It's like the January Staples Center think he's going to fire LeBron because he played poorly in a game.

**Jason Calacanis** (1:38)
This is a motivational technique. I got the best out of him. I'm like Michael Jordan. He's my Dennis Rodney.

**David Sacks** (1:44)
You're like the hot dog dealer. OK, pal. He's like LeBron James. You're the hot dog dealer.

**David Friedberg** (1:48)
I do not insta strike these comments.

**Jason Calacanis** (2:12)
David Friedberg took a break from playing his stray video cat game. Sacks is here in his deposition, apparently.

**David Sacks** (2:20)
By the way, do you guys want to see this? Look at the size of this.

**David Friedberg** (2:24)
J Cal's apparently playing no comment today on the subpoenas.
So I will open the show. I will open the show by asking David Sacks, would you like to tell us about what you're holding in your hand?

**David Sacks** (2:34)
Yeah, OK. So I got this subpoena from Twitter. This is a non-party subpoena for...

**David Friedberg** (2:40)
Didn't Twitter subpoena your tweets?

**David Sacks** (2:42)
Yes. Let me get to that.
This is subpoena.

**David Friedberg** (2:46)
I thought they're public.

**David Sacks** (2:47)
They are.
These nitwits have Wachtell, Lipton, billing them at probably $2,000 an hour to subpoena tweets that are public. I mean, brilliant strategy. But this is called a subpoena for production of business records in an action pending outside California. So I'm not a party to the laws, at least they're not suing me, because I have no involvement in this thing. But they sent me the broadest ever subpoena. It's like 30 pages of requests.
And now I got to hire a lawyer to go quash this thing, because they basically want any of my communications with any of my friends over the last six months. It's insane.

**David Friedberg** (3:24)
Sacks, can you just explain to the audience and to us, this is a court sanctioned subpoena. The court is basically allowing the lawyers to demand that you hand over these communications. Is that right?

**David Sacks** (3:36)
Yeah, but I haven't had a chance to fight it yet. So now at my own expense, I got to hire a lawyer and go send them to fight it because this is a ridiculous over broad subpoena. By the way, I'm not even involved in this thing. I'm just a commenter on Twitter.
I don't have any... Let me just save Wachtell Lipton a lot of time right now. I'm not in possession of non-public information about this. And the craziest thing is, like you mentioned, they cite my tweets as an exhibit here, and they say they want all documents and communications concerning your statement in a tweet dated April 16th that the, quote, new Twitter CEO checklist includes eliminate all bots and fire useless employees.