Big Blow To X As Supreme Court Rejects Appeal on Trump Social Media Records in Jack Smith’s 2020 Election Probe

The U.S. Supreme Court has declined to intervene in a dispute involving X, the platform formerly known as Twitter, and special counsel Jack Smith’s efforts to obtain records from former President Donald Trump’s social media account.

The court’s decision on Monday leaves in place a lower court ruling that upheld a nondisclosure order, which required that Smith’s request for Trump’s account records be kept secret for six months.

Supreme Court’s Decision

By refusing to hear X’s appeal, the Supreme Court effectively supported the lower court’s decision that granted Smith access to Trump’s social media records while barring X from informing Trump about the demand.

This decision comes amidst ongoing legal battles related to Smith’s prosecution of Trump for allegedly trying to undermine the peaceful transfer of power following the 2020 election.

X’s Challenge and Broader Implications

X, owned by Elon Musk, argued that the nondisclosure order deprived Trump of the opportunity to invoke executive privilege over his communications before the records were handed over to the special counsel.

Additionally, the company highlighted that the ruling could affect other users like journalists, doctors, or lawyers, who might seek to assert their own legal privileges.

The case originated in January 2023 when a federal court authorized a warrant for Trump’s social media records as part of Smith’s investigation into election interference.

Judge Beryl Howell ordered Twitter to turn over the requested information and prohibited the company from disclosing the warrant to Trump for 180 days, citing concerns that notifying Trump would compromise the ongoing investigation.

The Records in Question

Although the records were provided, the content of the 32 messages remains unclear. Prosecutors have described the messages as a “minuscule proportion” of the material they sought.

It is not publicly known whether the messages were sent, received, or simply drafts tied to Trump’s account, @realDonaldTrump.

The company also provided additional data sets related to Trump’s communications, though the details have not been disclosed.

X’s appeal reached the U.S. Court of Appeals for the District of Columbia Circuit, which, in July 2023, upheld the nondisclosure order.

The court determined that the order was consistent with First Amendment protections.

After X’s appeal, the district court permitted the company to notify Trump of the government’s request for his social media data.

Timeline of Legal Disputes

The legal clash between X and federal prosecutors played out behind closed doors for several months until the appellate court’s decision was made public in August 2023.

Trump was not indicted when the legal battle began, but by early August 2023, he was hit with four charges related to an alleged plot to overturn the 2020 election results.

The case was delayed for months as Trump appealed a district court’s ruling that rejected his claim of presidential immunity.

While the Supreme Court partially sided with Trump, it limited immunity to official acts, leaving unofficial acts unprotected.

Following the Supreme Court’s ruling, Smith’s team revised the indictment, presenting a narrower set of charges against Trump.

The federal district court is currently evaluating whether certain aspects of Trump’s alleged conduct, particularly his communications with Vice President Mike Pence, are shielded by immunity or open to prosecution under the guidelines set by the Supreme Court.

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