In a recent development, it has been revealed that Twitter (now known as X) handed over at least 32 direct messages from Donald Trump’s Twitter account to Special Counsel Jack Smith as part of the ongoing investigation into allegations that the former president attempted to obstruct the peaceful transfer of power after the 2020 election.
This disclosure was made in a court filing that had been sealed until now and was unsealed on Friday. The court also released other documents and transcripts related to a legal dispute between the special counsel’s office and Twitter regarding a search warrant for information related to Trump’s Twitter account, @realDonaldTrump.
The initial dispute arose when Twitter was held in contempt by a federal district court in Washington for not complying with an earlier order to provide materials requested in a search warrant. The court imposed a $350,000 sanction on the company. In addition to the search warrant, U.S. District Judge Beryl Howell issued a non-disclosure order, prohibiting Twitter from disclosing the warrant to anyone, including Donald Trump.
Twitter had contested this order, arguing that it violated its First Amendment rights and suggesting that Trump might assert claims of executive privilege over some of the account’s information. However, the district court disagreed, and Twitter subsequently appealed. In July, the D.C. Circuit ruled against Twitter.
The court documents did not reveal the details or nature of the 32 direct messages, such as whether they were drafts or messages sent from Trump’s account, or messages he received.
Federal prosecutors had argued in favor of the non-disclosure order, emphasizing the ongoing nature of the investigation into Trump’s alleged efforts to interfere with the transfer of presidential power and the certification of the Electoral College vote on January 6, 2021.
At the time of the dispute between Twitter and the special counsel, Trump had not yet been indicted on federal charges related to this investigation, although he later pleaded not guilty to four counts in August.
The prosecutors further asserted that Trump had been making false claims of voter fraud after his 2020 election defeat, pressuring officials to violate their legal duties, and retaliating against those who did not comply with his demands, culminating in the violence at the U.S. Capitol on January 6. They also mentioned his attempts to undermine a separate federal investigation into his handling of sensitive government records.
In their arguments, prosecutors emphasized the risk of Trump tampering with evidence, influencing or intimidating witnesses, and obstructing the ongoing investigations if Twitter were to disclose the warrant to him.
While the full extent of the material obtained from Twitter remains unclear, it is evident that this information is relevant to the investigation into Trump’s actions surrounding the 2020 election.
The search warrant authorized by Judge Howell required Twitter to provide various information related to Trump’s account, including user identity, devices used to access the account, account settings, and communications.
The unsealed documents shed light on the legal battle between the special counsel’s office and Twitter and highlight the significance of the obtained Twitter messages in the investigation into Donald Trump’s actions after the 2020 election.