Supreme Court Rejects Elon Musk’s Lawsuit Against Jack Smith Over Trump Investigation
ForbesOCT 12 2024
The Supreme Court declined to hear an appeal from X Corp. regarding special counsel Jack Smith's acquisition of former President Donald Trump's Twitter records.The US Supreme Court (SCOTUS) 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.Smith obtained a court-authorized warrant in January 2023 for information associated with Trump's @realDonaldTrump account as part of the election- interference probe.
X (formerly Twitter) was initially prohibited from disclosing the warrant to Trump for 180 days and was fined $350,000 for failing to hand over the records on time.X, formerly Twitter, was initially prohibited by a judge from disclosing the warrant to Trump for 180 days. The company was then fined $350K for civil contempt after it failed to hand over the records on time. X eventually turned over 32 direct messages along with other data sets.
The government's actions were necessary to prevent 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 involving national security.
ThisSCOTUS' rulingdecision 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.