A federal appeals court for the Washington D.C. circuit has dismissed former President Donald Trump’s effort to prevent Special Counsel Jack Smith from examining his X, formerly known as Twitter activity.
Rejection of Trump’s Request
The U.S. Court of Appeals on Tuesday follows a previous appellate panel’s rejection of Trump’s initial request.
Judicial Order
The court’s ruling stated, “Upon consideration of appellant’s petition for rehearing en banc, the response thereto, the amicus curiae brief filed by Electronic Frontier Foundation in support of rehearing en banc, and the absence of a request by any member of the court for a vote, it is ordered that the petition be denied.”
Trump’s Immunity Claim
In addition to this ruling, the same court is also deliberating about another matter of executive authority, that of Trump’s assertion of absolute immunity.
Supreme Court Review
Trump, a top contender for the 2024 GOP presidential nomination, has the option to request a Supreme Court review of the matter.
Smith’s Investigation Focus
Special Counsel Smith intends to analyze data from Trump’s cellphone, used during his last weeks in office. This includes specifics on when the phone was active on Twitter, especially on January 6, 2021.
Smith’s Acquires Trump’s Data
Court documents released in August revealed Smith’s team’s acquisition of location data, draft tweets, and Trump’s direct messages.
Trump’s Tweets as Evidence
In August, when Smith indicted Trump on charges of obstructing Congress and impeding people’s right to vote, several of the former president’s tweets were cited as evidence.
Extensive Data Handover
The acquired data encompasses a wide range of activities like tweets (created, drafted, liked, or retweeted), search history regarding the 2020 election, device and IP information for account access, and connected accounts.
Election interference probe
This handover marks a pivotal point in the ongoing investigation into election interference allegations.
First Search Warrant
In January 2023, Smith initially issued a search warrant to X as part of a criminal investigation into Trump’s efforts to overturn his 2020 election loss to President Joe Biden, seeking access to Trump’s account data.
Non-Disclosure Order for X
Simultaneously, Smith secured a non-disclosure order that prevented X from disclosing the search warrant to Trump or any other party.
Trump Era Files
By the end of the Trump administration, these files had been transferred to the National Archives. However, Smith acknowledged that X was approached because obtaining the content from the National Archives would result in notifying the former president, as mandated by the Presidential Records Act.
Concerns for Warrant Confidentiality
The federal district court, in approving Smith’s request for warrant confidentiality, cited the reasonable concern that revealing the request could lead to “result in destruction of or tampering with evidence, intimidation of potential witnesses, and serious jeopardy to the investigation.”
Contempt and Fine
X initially resisted complying with the warrant, leading to the district court in Washington, D.C., holding the company in contempt and imposing a $350,000 fine.
X Provides Trump Account Data
Eventually, X did provide the comprehensive data related to Trump’s “@realdonaldtrump” account that Smith had been seeking.
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