Monday, October 7, 2024

Supreme Court Won't Hear Dispute Involving Jack Smith and Trump's X Data


The Supreme Court said Monday, it will Not step into a Dispute involving Special Counsel Jack Smith's efforts to obtain Trump's Records from His Account on Twitter, now X, and keep the Social Media Company from telling Him about the Demand for the Information.

In turning away the Appeal from X, the Court leaves Intact a Lower Court Decision that upheld a Nondisclosure Order that said Smith's Request for Trump's Social Media Records must be kept Secret for Six months.

The Justices have Sidestepped another High-Profile Legal Battle arising from the Special Counsel's Prosecution of Trump for Allegedly attempting to Subvert the Peaceful Transfer of Power after the 2020 Election. X had asked the Supreme Court to consider whether Social Media companies can be Forced to give the Government a User's Communications while they're Prohibited from Nnotifying the User about it.

In the Case of Trump, the company said the Nondisclosure Order Deprived Him of the Opportunity to Assert Executive Pprivilege over the Material, before it was provided to the Special Counsel. But X said other Users such as Journalists, Doctors, or Lawyers may want to Invoke their own Privileges and would Not have the chance to.

The Court Fight between Smith and X, owned by Musk, dates back to January 2023, when the Federal Government obtained a Court-Authorized Warrant for Information associated with Trump's account, @realDonaldTrump, as part of its election interference probe.

U.S. District Judge Beryl Howell ordered the company, then known as Twitter, to turn over the requested Data to Smith. She also Prohibited Twitter from Disclosing the Warrant to Anyone for 180 days after Determining that the Government had Grounds to believe that Notifying Trump would put its Investigation at Risk.

Twitter withheld the Records while it Challenged the Nondisclosure Order, which the company Claimed Violated its First Amendment Right to Communicate with Trump. But Howell ultimately concluded that the Order was Valid and Imposed a $350,000 Civil Contempt Sanction on the company, because of its Failure to Hand over the Records on time.

Twitter eventually turned over to Smith 32 Direct Messages tied to Trump's Account, which Prosecutors said was a "Miniscule Proportion" of the Material they sought. The Nature of the Messages is Unknown, including whether they were Drafts, sent from Trump's Account. The Ssocial Media Company said it also produced to Smith numerous other Data Sets.

Musk's company Appealed to the U.S. Court of Appeals for the District of Columbia Circuit, which in July 2023 found the Nondisclosure Order comported with the First Amendment. While the Appeal was Pending, the District Court allowed Twitter to Notify Trump of the Warrant. The Dispute between Twitter and Smith played out behind closed doors for several months until the Decision by the Three-Judge Panel of Judges on the D.C. Circuit was Unsealed in August 2023.










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