Jack Smith Obtained A Warrant For Trump’s Twitter, Obama Judge Fined Company $350K For Not Complying

By Chris

Recently released legal documents indicate that Special Counsel Jack Smith secured a search warrant for ex-President Donald Trump’s Twitter account in January.

Then, Twitter, Inc. was slapped with a hefty fine of $350,000 for not immediately complying with the search warrant related to Trump’s account. The warrant was issued by the district court in a criminal case, directing Twitter to produce information related to the “@realDonaldTrump” account.

The warrant, which demanded details associated with Trump’s Twitter account, came with a nondisclosure order. This legally prohibited Twitter from revealing the existence or contents of the warrant. In response, Twitter sought to litigate against the nondisclosure order.

Though eventually conforming to the stipulations of the warrant, Twitter’s submission came three days past the deadline set by the court, resulting in a hefty fine.

On appeal, Twitter contended that the nondisclosure order was in violation of both the First Amendment and the Stored Communications Act (SCA). Moreover, the company posited that the district court should have postponed the enforcement of the search warrant until after the legal objections to the nondisclosure order were settled.

Addressing the penalty, Twitter argued that the court had overstepped by both declaring the company in contempt and by levying the significant sanction. However, the appellate court affirmed the district court’s decisions across all issues.

The delay did not sit well with the district court. As a result, it held Twitter in contempt and imposed a $350,000 sanction for the delay, a decision ultimately made by Obama-appointed judge Beryl Howell. The decision was later affirmed by a Biden-appointed judge on appeal.

At the heart of this legal tussle was the Stored Communications Act. The act outlines the procedure for law enforcement agencies to obtain electronic evidence from service providers in criminal cases. Under the Biden DOJ, the government can secure a search warrant or court order instructing the service provider to disclose electronic communication content or subscriber-related records.

Should the requested data be exceptionally extensive or providing it becomes burdensome, service providers have the right to challenge or modify the order. Providers that adhere to these requests, following the SCA’s guidelines, are protected against subsequent liabilities.

Furthermore, the SCA enables the government to obtain a nondisclosure order. This prevents service providers from notifying any third party about the order or its existence for a time deemed appropriate by the court.

Courts are obligated to issue such nondisclosure orders if they believe that acknowledging the order could lead to threats against an individual, hinder prosecution, jeopardize evidence, intimidate witnesses, or critically risk the investigation or trial process.

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