Supreme Court declines to hear X's appeal over search warrant in Trump election interference case, citing First Amendment concerns. (AP/Alex Brandon)
- X argues nondisclosure order violated its rights and Trump's executive privilege, raising concerns about future communications.
- Prosecutors defend warrant, stating Trump's account wasn't used for official purposes and disclosure could jeopardize investigation.
- Case moves forward as Musk's X undergoes changes, including staff reductions and welcoming back previously banned users like Trump.
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WASHINGTON — The Supreme Court said Monday it won’t hear an appeal from the social media platform X over a search warrant prosecutors obtained in the election-interference case against former President Donald Trump.
The justices did not explain their reasoning and there were no noted dissents.
X Argues Nondisclosure Order Violated First Amendment Rights
The company, known as Twitter before it was purchased by billionaire Elon Musk, says a nondisclosure order that blocked it from telling Trump about the warrant obtained by special counsel Jack Smith’s team violated its First Amendment rights.
The company also argues Trump should have had a chance to exert executive privilege. If not reined in, the government could use similar tactics to invade other privileged communications, their lawyers argued.
Two nonpartisan electronic privacy groups also weighed in, encouraging the high court to take the case on First Amendment grounds.
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Prosecutors Defend Warrant and Nondisclosure Order
Prosecutors, though, say the company never showed Trump had used the account for official purposes so executive privilege wouldn’t be an issue. A lower court also found that telling Trump could have jeopardized the ongoing investigation.
Trump used his Twitter account in the weeks leading up to his supporters’ attack on the Capitol on Jan. 6, 2021, to spread false statements about the election that prosecutors allege were designed to sow mistrust in the democratic process.
The indictment details how Trump used his Twitter account to encourage his followers to come to Washington on Jan. 6, pressured his Vice President Mike Pence to reject the certification and falsely suggested that the mob at the Capitol — which beat police officers and smashed windows — was peaceful.
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Case Moves Forward Amid Platform Changes
That case is now inching forward after the Supreme Court’s ruling in July giving Trump broad immunity from criminal prosecution as a former president.
The warrant arrived at Twitter amid rapid changes instituted by Musk, who purchased the platform in 2022 and has since laid off much of its staff, including workers dedicated to ferreting out misinformation and hate speech.
He also welcomed back a long list of users who had been previously banned, including Trump, and endorsed him in the 2024 presidential race.
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