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The opinion (redacted) https://www.cadc.uscourts.gov/internet/opinions.nsf/64C651B4E1AD395485258A06005B09BD/$file/23-5044-2011549.pdf https://www.cadc.uscourts

• Terr_ 3y ago
  Lifting out some excerpts for visibility and/or the folks who dislike PDFs: ____ Initial start: > On January 17, 2023, the government applied for, and obtained, a search warrant that directed Twitter to produce data and records related to the "@realDonaldTrump" Twitter account. At the same time, the government applied for, and obtained, a nondisclosure order, which prohibited Twitter from disclosing the existence or contents of the search warrant to any person. > Based on ex parte affidavits, the district court found probable cause to search the Twitter account for evidence of criminal offenses. Moreover, the district court found that there were "reasonable grounds to believe" that disclosing the warrant to former President Trump "would seriously jeopardize the ongoing investigation" by giving him "an opportunity to destroy evidence, change patterns of behavior, [or] notify confederates." ____ Twitter refuses: > The warrant required Twitter to tum over all requested information by January 27, 2023. The nondisclosure order was to remain in effect for 180 days after its issuance. > On February 1, 2023 - four days after the compliance deadline - Twitter objected to producing any of the account information. Although the company did not question the validity of the search warrant, it asserted that the nondisclosure order was facially invalid under the First Amendment. Twitter informed the government that it would not comply with the warrant until the district court assessed the legality of the nondisclosure order. > [...] The company asserted that compliance with the warrant before resolution of the motion to vacate or modify the nondisclosure order would preclude the former President from asserting executive privilege to shield communications made using his Twitter account. _______ Twitter (pretends?) to accede and then, still misses the new deadline and gets the fine they knew was coming: > [On Feb 7] When the court asked Twitter' s counsel whether the company could produce the required materials by [5:00 p.m. that evening, counsel answered: "I believe we are prepared to do that. Yes, Your Honor." > The court also asked the government what sanctions it would request if Twitter failed to comply. [...] $50,000 per day, to double every day [...] Twitter did not object to the sanctions formula. > Twitter missed the 5:00 p.m. deadline. Although Twitter timely produced some records, its production was incomplete. [...] Twitter completed its production at 8:06 p.m. on February 9, 2023.