Musk’s X requests Supreme Court investigate process that permitted Jack Smith access to Trump’s social media data

by | Jun 5, 2024

A year after federal courts compelled the company previously known as Twitter to provide data to special counsel Jack Smith concerning President Trump’s account, the company is seeking intervention from the Supreme Court to prevent a similar situation from happening again.


X Corp. is requesting the justices to decide whether social media platforms can be mandated to share user data with the government without being allowed to notify the users about these requests.

The company had shared information when Smith requested data on Trump’s social media account without informing Trump. X, now owned by Elon Musk, attempted to delay the data transfer, but this effort was unsuccessful.

The federal judge overseeing the case questioned whether the company was attempting to “cozy up” to President Trump—allegations that Elon Musk has also previously faced.

X Corp.'s concern is not with the government's authority to access Trump's records—the government could have obtained his social media records from the National Archives and Records Administration. The issue lies in the fact that doing so would have notified Trump and potentially jeopardized the investigation.

Musk’s company opposed the “nondisclosure” order that prevented them from informing Trump that the government was seeking his social media data. They argued that the data were protected by executive privilege or the confidentiality afforded to the president. This data included drafted tweets, location information, and searches.

However, the judge and prosecutors were skeptical, doubting that Trump would conduct official business through his Twitter direct messages. Ultimately, the court held the company in contempt for failing to provide the requested documents.


Washington Examiner




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