Supreme Court Rejects Elon Musk’s Lawsuit Against Jack Smith Over Trump Investigation
ForbesSep 24
SCOTUS Rejects X's Appeal in Trump Data Case
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The Facts
The US Supreme Court on Monday declined to hear an appeal from Elon Musk-owned X Corp. regarding special counsel Jack Smith's acquisition of former Pres. Donald Trump's Twitter records as part of the investigation into Trump's alleged efforts to overturn the results of the 2020 presidential election.
Smith obtained a court-authorized warrant in January 2023 for information associated with Trump's @realDonaldTrump account as part of the election interference probe.
The Spin
Anti-Trump narrative
The government's actions were necessary to prevent the potential destruction of evidence and protect the integrity of the investigation. The courts were right to prioritize national security concerns over X's First Amendment claims. This decision sets a precedent for future cases involving high-profile investigations related to national security.
Pro-Trump narrative
SCOTUS' decision not to hear this case sets a dangerous precedent for privacy and privilege. The government can now potentially invade attorney-client, journalist-source, and doctor-patient privileges without notice. It's an unprecedented end-run around executive privilege that could have far-reaching consequences for all users of social media platforms.