Supreme Court rejects challenge to past search of Trump's Twitter account for Jan. 6 probe

WASHINGTON – The Supreme Court on Monday let stand a decision that allowed prosecutors to obtain information from former President Donald Trump’s Twitter account without his knowledge when investigating his attempt to overturn the 2020 election.

Twitter, now known as X, had argued it should not have been barred from disclosing the search warrant and Trump should have been given a chance to block it.

Although Special Counsel Jack Smith has already received the requested information, the social media company wanted the Supreme Court to weigh in to prevent similar situations in the future. The company said it receives annually thousands of demands for data that it’s not allowed to disclose, potentially affecting privileges between attorneys and clients, journalists and their sources , and between doctors and patients.

“The potential consequences are far reaching,” lawyers for X told the high court, which dismissed the appeal.

Smith had argued lower courts were right to conclude that disclosing the records request to Trump could have jeopardized the investigation by giving him “an opportunity to destroy evidence, change patterns of behavior, [or] notify confederates.”

Smith also said Trump himself – once he was able to be informed about the disclosure − never asserted executive privilege protection for the 32 direct messages connected to his Twitter account that prosecutors received.

The “underlying dispute is moot and no executive-privilege issue actually existed in this case,” Smith told the court.

Twitter turned over Trump’s Twitter information in February of 2023 and was fined $350,000 for missing a court-imposed deadline.

Cozying up to the former president

At a hearing, the district court judge had pushed Twitter on why – of the thousands of requests it gets annually from law enforcement – it was contesting the warrant for Trump’s data.

“Is it because the CEO wants to cozy up with the former president, and that’s why you are here?” asked U.S. District Court Chief Judge Beryl Howell.

Smith sought information about Trump’s Twitter activity before and during the insurrection of Jan. 6, 2021. Twitter, then led by CEO Jack Dorsey, suspended Trump’s account shortly after that attack. Trump's Twitter account was later reinstated after business mogul Elon Musk purchased the company.

In July, Musk publicly endorsed Trump’s 2024 presidential campaign.

This article originally appeared on USA TODAY: Supreme Court rejects challenge to past search of Trump's Twitter account for Jan. 6 probe