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Federal appeals court rejects Trump petition over Special Counsel Jack Smith access to Twitter feed

Jack Smith rejected appeal of accessing Trump 

Special Counsel Jack Smith has been rejected from accessing former President Trump. The federal government has appealed this request due to the election interference case.

Matter ruled by U.S. Court of Appeals 

The matter was ruled up on by the U.S. Court of Appeals for Washington D.C. and has even denied further review. Before that the appellate panel had also rejected the original request.

Twitter that now goes by the name of “X” ?was the one to initiate the appeals as it it seeking to block special counsel access to the records the company held.

The National Archives gained the material after Trump left the office. Smith noted that he can now access the material but that would have the possibility of triggering a notice to trump, therefore, a search warrant has been requested through the company under seal along with a non-disclosure notice.

Privilege claims of the former President 

This resulted in preventing Trump from raising any kind of executive privilege claims over the digital communications. There were four conservative judges on the appeals court. They would have dissented and granted en banc review.

A Trump bench appointee, Judge Rao, issued a statement where he said that the claims of executive privilege should have been addressed.

There was an absence of presumptive privilege which threatens the Chief Executive. Then a third party holds the presidential communications. The court should have an increased power under such situations, and to make sure of that one should consider whether the executive privilege will be considered before its breach.

New questions are supposed to arise whenever there is an absence of presumptions for executive privilege. This happens because nothing in the panel’s opinion is limited to a former President.

If we take the example of the criminal investigation, what if a warrant was sought by the special counsel for the necessary communications of the President from a private email or a phone provider? Under the court’s decision, the executive privilege is being completely ignored. All that is necessary is that the counsel shows a warrant and a nondisclosure order that is necessary to the prosecution.

Trump is the 2024 GOP presidential front-runner and is now liable to ask the Supreme Court to review the matter.

Elon Musk forced to hand over extensive details 

The company, X Corp.’s attorneys also made an attempt to block and delay the effort in the months of January and February. This led to one federal judge to speculate the owner of X, CEO Elon Musk, that he was attempting to ally himself with Trump.

However, Elon Musk lost the struggle as he was imposed to hand over all the extensive list of data related to the “@realdonaldtrump” account, that includes all tweets “created, drafted, favorited/liked, or retweeted.”

In the handover it was seen that there were searches on the platform surrounding the 2020 election. The devices that used to log into the account and the list of all the associated accounts were also asked from Musk.

Trump used a phone during the final weeks of him in his office and Smith plans to use the data stored in that cellphone. As per January 6, 2021, there is a data that the phone was unlocked and Twitter was open.

As seen in the unsealed court filings, Smith’s team was able to obtain location data and after that draft tweets in addition to the former president’s messages.

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