Dave Price
2024-06-05 07:58:19 UTC
Social media platform X filed a writ of certiorari to the Supreme Court on
Tuesday, requesting the court hear a challenge to the process by which the
Department of Justice accessed former President Trumps records on the
platform.
The writ challenges a federal courts order last year forcing the platform
to hand over documents about Trumps account to special counsel Jack Smith
without Trumps knowledge or giving him a chance to appeal the order.
If the company is successful in its challenge, the change could radically
alter how search warrants are served to data holders.
X claims that some of Trumps data could have been covered by executive
privilege and that other users, from journalists to doctors, could have
similarly pressing reasons to keep their data private.
X said Smiths order was an unprecedented end-run around executive
privilege, an instance that could impact users in the future. It adds
that the current process also gags the companys First Amendment rights
by preventing the company from discussing the searches with users.
Smiths prosecution team obtained Trumps direct messages, message drafts
and deleted posts, among other data. Smith charged Trump with election
fraud last year after a months-long investigation.
Federal Judge Beryl Howell upheld Smiths order last year and forced X to
produce the data, later fining the company $350,000 for delaying the
delivery. The D.C. Circuit Court of Appeals later agreed with her
decision.
https://thehill.com/regulation/court-battles/4704119-x-supreme-court-gave-
jack-smith-donald-trump-twitter-files/
Tuesday, requesting the court hear a challenge to the process by which the
Department of Justice accessed former President Trumps records on the
platform.
The writ challenges a federal courts order last year forcing the platform
to hand over documents about Trumps account to special counsel Jack Smith
without Trumps knowledge or giving him a chance to appeal the order.
If the company is successful in its challenge, the change could radically
alter how search warrants are served to data holders.
X claims that some of Trumps data could have been covered by executive
privilege and that other users, from journalists to doctors, could have
similarly pressing reasons to keep their data private.
X said Smiths order was an unprecedented end-run around executive
privilege, an instance that could impact users in the future. It adds
that the current process also gags the companys First Amendment rights
by preventing the company from discussing the searches with users.
Smiths prosecution team obtained Trumps direct messages, message drafts
and deleted posts, among other data. Smith charged Trump with election
fraud last year after a months-long investigation.
Federal Judge Beryl Howell upheld Smiths order last year and forced X to
produce the data, later fining the company $350,000 for delaying the
delivery. The D.C. Circuit Court of Appeals later agreed with her
decision.
https://thehill.com/regulation/court-battles/4704119-x-supreme-court-gave-
jack-smith-donald-trump-twitter-files/