Facebook petitioned for Federal Trade Commission Chair Lina Khan to recuse herself from involvement in the stalled antitrust case against the company, arguing Khan’s history of criticizing the company and others would deny it due process.
Facebook made the request Wednesday, weeks after Amazon.com (ticker: AMZN) asked for Khan to recuse herself from its pending acquisition of film production and distribution company MGM Holdings and any other antitrust matters involving the tech giant.
Facebook said in the petition that Khan has already concluded Facebook violated antitrust laws based on years of journal articles written by her, public statements, now-deleted Twitter posts, and her work on the 16-month congressional investigation into tech companies.
“For the entirety of her professional career, Chair Khan has consistently and very publicly concluded that Facebook is guilty of violating the antitrust laws,” Facebook wrote.
The FTC declined to comment.
Last year, the FTC voted 3-2 to sue Facebook, seeking to break off Instagram and WhatsApp from the company, among other things. Should Khan recuse herself from involvement in the litigation that resulted, it’s likely the commission wouldn’t have enough votes to proceed with the case. Two Democrats and two Republicans serve on the commission with Khan.
Last Month, Facebook attorneys notched a courtroom victory when a federal judge dismissed the FTC’s lawsuit. But the judge gave the FTC—now under Khan’s leadership—a chance to rethink its arguments and amend its suit. Any amended Facebook litigation will likely be subject to a vote in the coming weeks and months. Facebook chief executive Mark Zuckerberg has described breakup attempts as an existential threat to the business.