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Supreme Court Declines to Hear Musk’s X Appeal Over Trump Investigation

October 7, 2024
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The U.S. Supreme Court announced this week that it will not hear an appeal from Elon Musk‘s X social media platform relating to an investigation into former President Donald Trump.

On Monday, the Supreme Court Justices denied to hear an appeal relating to an appeal from X, formerly Twitter, and owner Musk, over the election interference investigation into the former president. The justices did not provide any reasoning for the denial and none dissented from the opinion.

X argues that a nondisclosure order preventing the company from informing Donald Trump about a warrant issued by special counsel Jack Smith‘s team violated its First Amendment rights.

The platform also contends that Trump should have been given the opportunity to assert executive privilege. The company’s lawyers argued that without limitations, the government could use similar methods to access other privileged communications. Two nonpartisan electronic privacy organizations have also urged the Supreme Court to hear the case, citing concerns over First Amendment implications.

However, prosecutors countered that X never demonstrated Trump used the account for official purposes, making executive privilege irrelevant. Additionally, a lower court ruled that informing Trump about the warrant could have compromised the ongoing investigation.

Elon Musk
X wonder Elon Musk (R) jumps on stage as he joins former President Donald Trump during a campaign rally in Butler, Pennsylvania, on October 5, 2024. On Monday, the U.S. Supreme Court declined to hear…
X wonder Elon Musk (R) jumps on stage as he joins former President Donald Trump during a campaign rally in Butler, Pennsylvania, on October 5, 2024. On Monday, the U.S. Supreme Court declined to hear an appeal from Musk’s X over an investigation into Trump.

JIM WATSON/AFP via Getty Images/Getty Images

In the weeks leading up to the January 6, 2021, attack on the Capitol, Trump used his Twitter account to spread false claims about the election, which prosecutors say were intended to undermine trust in the democratic process.

The indictment outlines how Trump used his Twitter account to urge his supporters to gather in Washington on January 6, pressured Vice President Mike Pence to block the certification of the election, and falsely portrayed the mob—who assaulted police officers and smashed windows at the Capitol—as peaceful.

The case is progressing after the Supreme Court’s July ruling, which granted Trump broad immunity from criminal prosecution in his capacity as a former president.

The warrant was issued to X during a period of major upheaval following Elon Musk’s 2022 acquisition of the platform. Since then, Musk has implemented significant changes, including laying off much of the staff responsible for addressing misinformation and hate speech.

Since taking over the social media platform, Musk also reinstated numerous previously banned users, including Trump, and publicly backed him in the 2024 presidential race.

Over the weekend, Musk appeared at one of Trump’s campaign rallies in Butler, Pennsylvania, the site where the former president faced an assassination attempt against his life.

This article includes reporting from The Associated Press.

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