With a decision that could have long-term effects on executive privilege and the separation of powers, the US Court of Appeals for the District of Columbia Circuit has dealt a severe blow to Special Counsel Jack Smith’s probe.
The subject of the court’s decision, which was submitted on Tuesday, is the search of data kept at locations under Twitter/X’s control. Twitter/X appealed Smith’s warrant.
The focus of the widely reported case is the Special Counsel’s endeavor to circumvent customary executive privilege safeguards while examining the former president Trump’s Twitter correspondence.
Even though Smith was eventually granted a favorable ruling on his appeal, Smith’s strategies were severely undermined in the formal file.
The ruling criticized the Special Counsel’s approach, which included a search warrant and nondisclosure order without considering the confidentiality of presidential materials. The court noted, “This unprecedented approach is mistaken for at least three reasons,” emphasizing the departure from historical practice and the vital constitutional protection for executive privilege.
One of the critical points of contention in the case was the use of Twitter by President Trump. The Special Counsel argued against Twitter’s executive privilege concerns, stating there was “no plausible reason to conclude that the former President … would have used Twitter’s direct-message function to carry out confidential communications.”
However, the court highlighted that President Trump used his Twitter account to conduct official business, raising the possibility that his account contained privileged material.
