According to CNN, a recent court filing has revealed that the special counsel investigation into former President Donald Trump’s activities secured a search warrant for his Twitter account, @realDonaldTrump. The search warrant was obtained with such secrecy that even Elon Musk’s Twitter, now referred to as “X,” was prohibited from notifying Trump about the warrant. The social media company faced a fine of $350,000 for delaying the production of records requested under the warrant.
The search warrant, sought by special counsel Jack Smith’s office, aimed to access “data and records related” to Trump’s Twitter account. This move was made as part of the ongoing criminal case against Trump related to his attempts to overturn the results of the 2020 presidential election.
The dispute between Twitter and the special counsel’s office revolved around whether Trump should be informed about the search warrant. The DC Circuit Court of Appeals recently unsealed a decision upholding a district court ruling that prohibited Twitter from notifying Trump about the search warrant.
The district court’s decision was based on concerns that notifying Trump could jeopardize the ongoing investigation by potentially allowing him to destroy evidence, alter behavior, or notify associates. The court even considered the possibility that Trump might “flee from prosecution,” although it was later acknowledged that this argument was included in error.
Throughout the legal proceedings, Twitter, now known as “X,” did not object to producing the records requested by Smith. However, the company argued that the prohibition on informing Trump about the search warrant violated the First Amendment and the Stored Communications Act, a law governing the release of user records by third-party internet platforms.