Nvidia CEO Jensen Huang could face subpoena over committee briefing

Nvidia chief executive Jensen Huang could be subpoenaed if he does not agree to a closed-door briefing with a House China committee or suggest another date, committee chair John Moolenaar said on 11 November. The warning puts possible compulsory testimony alongside Nvidia’s separate investigation into allegations involving Huang and a woman alleged to be a spy for Beijing.

• Moolenaar said Huang had until the end of 11 November to respond to an earlier briefing request.
• Nvidia hired Wachtell, Lipton, Rosen & Katz to conduct an investigation led by attorney Joon Kim.
• The available reporting does not establish whether Huang agreed to appear or whether a subpoena was issued.

The Guardian attributed its account of Moolenaar’s remarks to Bloomberg and said he made them on Fox Business. Moolenaar said a subpoena would likely follow if Huang neither accepted the briefing nor proposed another date. That describes a possible next step, not a subpoena already issued.

What the committee asked Jensen Huang to do

The potential subpoena concerns Huang’s response to a congressional briefing request. The reporting does not say that Congress has made a finding about the allegations involving him, or that the warning itself changes the status of Nvidia’s investigation.

Nvidia’s investigation and the allegations

Nvidia said on 10 November that it had hired Wachtell, Lipton, Rosen & Katz to investigate the affair, with attorney Joon Kim leading what the company called a “thorough and independent investigation,” the BBC reported. The board had said on Sunday that it had no reason to believe company secrets or national security had been compromised, and that a committee of independent directors would oversee the inquiry.

The BBC reported that Huang admitted to a romantic relationship outside his marriage. Alice Huang is alleged to be a spy for Beijing; those allegations remain unproven in the reporting. China’s foreign ministry rejected the claims, calling them intended to “smear and malign China.” The FBI is conducting a separate probe, the BBC reported.

Nvidia has said it was not told by the US government that Megaspeed posed an intelligence concern. The company also said a concern that Megaspeed helped divert Nvidia chips to China had been investigated and debunked, according to the BBC. Asked whether Huang had retained his own lawyer amid the company and FBI investigations, Nvidia declined to comment.

What it means

A subpoena could compel Huang to appear before the committee, the BBC reported. For now, the reported condition is whether he agrees to the requested briefing or proposes another date. The reporting does not establish whether he responded by the stated deadline or whether the committee subsequently acted. Nvidia’s board-led inquiry and the FBI probe are separate investigations; the company has publicly said it had no reason to believe its secrets or national security were compromised.