Social media platform X filed a writ of certiorari to the Supreme Court on Tuesday, requesting the court hear a challenge to the process by which the Department of Justice accessed former President Trump’s records on the platform.
The writ challenges a federal court’s order last year forcing the platform to hand over documents about Trump’s account to special counsel Jack Smith without Trump’s knowledge or giving him a chance to appeal the order.
If the company is successful in its challenge, the change could radically alter how search warrants are served to data holders.
X claims that some of Trump’s data could have been covered by executive privilege and that other users, from journalists to doctors, could have similarly pressing reasons to keep their data private.
X said Smith’s order was an “unprecedented end-run around executive privilege,” an instance that could impact users in the future. It adds that the current process also “gags” the company’s First Amendment rights by preventing the company from discussing the searches with users.
Smith’s prosecution team obtained Trump’s direct messages, message drafts and deleted posts, among other data. Smith charged Trump with election fraud last year after a months-long investigation.
Federal Judge Beryl Howell upheld Smith’s order last year and forced X to produce the data, later fining the company $350,000 for delaying the delivery. The D.C. Circuit Court of Appeals later agreed with her decision.
