In an unexpected legal showdown, Twitter clashed with Special Counsel Jack Smith over access to former President Donald Trump’s @RealDonaldTrump Twitter account. The recently unsealed DC Circuit Court of Appeals opinion unveiled the months-long secret fight, culminating in Elon Musk’s forced compliance with a search warrant and substantial court-ordered fines.
The dispute arose in January 2023 when the Special Counsel sought a court-approved search warrant for Trump’s account as part of an inquiry into his efforts to overturn the 2020 election.
Twitter contested the accompanying non-disclosure order, arguing that informing Trump was a First Amendment right and that he had the right to know his account was being reviewed by the Special Counsel.
Federal District Court Judge Beryl Howell at first dismissed Twitter’s argument, agreeing with Special Counsel Smith that notifying Trump could jeopardize the investigation by enabling evidence destruction or tampering.
While major social media firms usually comply with law enforcement requests, Twitter stood out by going to court. The company insisted on informing Trump despite the court-mandated secrecy.
Despite Twitter’s claims, executive privilege arguments for Trump’s social media interactions seemed unfounded.
The prosecution eventually modified its stance, permitting Twitter to inform Trump, except for revealing the affidavit-affirming agent’s name, due to the fear that Trump might retaliate against his perceived adversaries.
The battle over Trump’s account sheds light on Musk’s influence and Twitter’s operational challenges since its privatization.
