The Supreme Court refused Monday to hear an appeal from Elon Musk’s X Corp. on the company’s claim that special counsel Jack Smith took an unlawful deep dive into Donald Trump’s social media account without notifying the former president.
X Corp. begged the Supreme Court in July to determine under what circumstances a tech company can be compelled to turn over information on its users, while being prevented from alerting those users that they’re being investigated.
The court did not publish a comment Monday, and there were no dissents.
Last year, Smith’s team was able to use a “nondisclosure order” to prevent X Corp. from notifying Trump that prosecutors were using a search warrant to obtain private communications from Trump’s X (formerly Twitter) account, including direct messages, location data, and his drafts from the weeks leading up to the January 6 insurrection.
When X Corp. challenged the order, it was found in contempt and fined $350,000. Prosecutors argued that notifying Trump of the search would endanger the evidence.
Last week, an unsealed filing from Smith’s team showed precisely how the prosecution in Trump’s January 6 trial intended to use tweets from the Republican nominee’s personal X account to demonstrate his alleged election interference.
Trump’s tweets cast doubt on the integrity of the 2020 election results, spread false claims of voter fraud, attacked those trying to share accurate information about the election, cheered on those traveling to Washington for the rally that would become the riot, and helped the former president conduct a pressure campaign against Vice President Mike Pence.
At 2:24 p.m. on January 6, 2021, as rioters stormed the U.S. Capitol, Trump tweeted, “Mike Pence didn’t have the courage to do what should have been done to protect our Country and our Constitution, giving States a chance to certify a corrected set of facts, not the fraudulent or inaccurate ones which they were asked to previously certify. USA demands the truth!”
This tweet was then read out to the crowd at the Capitol, who later chanted, “Hang Mike Pence!” Moments after Trump tweeted, Pence had to be ushered to a secure location, according to the filing. When Trump heard that Pence had been taken to safety, he reportedly responded, “So what?”
