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OAN’s Daniel Baldwin
2:37 PM – Wednesday, August 9, 2023
New court filings revealed that Special Counsel Jack Smith obtained a search warrant in January for records related to 45th President Donald Trump’s Twitter account.
“Just found out that Crooked Joe Biden’s DOJ secretly attacked my Twitter account, making it a point not to let me know about this major “hit” on my civil rights,” Trump wrote on Truth Social. “My Political Opponent is going CRAZY trying to infringe on my Campaign for President. Nothing like this has ever happened before. Does the First Amendment still exist?”
U.S. District Court Judge Beryl Howell, an Obama-appointee, fined the social media platform $350,000 for missing the deadline to comply with the warrant.
“It is outrageous what they did,” Mike Davis, founder and president of the Article III Project, told One America News.
Court documents show that Smith applied for, and received, a search warrant on Jan. 17, 2023. Smith also obtained a nondisclosure agreement which prohibited Twitter from “disclosing the existence or contents of the search warrant to any person.”
“Why was this all done in secret,” Davis asked. “Why didn’t they let President Trump know that they’re trying to obtain his Twitter accounts?”
Twitter ultimately resisted complying with the warrant four days after the deadline, arguing that the “nondisclosure order was facially invalid under the First Amendment.”
“[Beryl Howell] grants this secret search warrant Twitter files of appeal to the DC circuit,” said Davis. “And you had these two Biden appointed judges, along with an Obama appointed judge, bless this secret warrant for President Trump’s Twitter accounts when he was the president of the United States.”
Davis points out that the United States Court of Appeals for the Second Circuit in 2019 ruled that Trump’s Twitter account was a “public forum.”
“This is after a separate appellate court, the Second Circuit, said that Trump’s Twitter account was a public forum,” said Davis. “So you have to ask why didn’t the Biden Justice Department raise the question of presidential immunity? Presidents are immune from these types of lawsuits.”
It remains unclear why Smith sought Trump’s Twitter records. But Davis says the situation “stinks to high hell.”
“What evidence do they have that [Trump’s] going to go in and delete his tweets,” Davis said. “The tweets are public. Or if there are [direct messages], why wouldn’t they be able to get those direct messages from the other party with whom he’s communicating?”
“This is bizarre what the Biden Justice Department is doing here,” Davis continued. “It’s very chilling that they’re going to run over the presidential immunity and run over the First Amendment here.”
Howell was the same judge who ruled that Trump deliberately and knowingly misled his own attorneys about his retention of classified documents. In other words, she ruled that Smith’s office put forth enough evidence to establish that Trump had committed a crime through his attorney Evan Corcoran. This resulted in the 45th president’s attorney-client privilege being waived, paving the way for Smith’s first indictment.
“This outgoing chief judge in DC Beryl Howell was a former Senate Judiciary Committee staffer to then to a Democrat chairman of the Senate Judiciary Committee,” Davis told OAN. “She was a former Democrat staffer. And then she had this just highly unusual unprecedented ruling where she waived attorney client privilege and actually handed over these attorney notes to Jack Smith on her last day as the chief judge.”
Meanwhile, U.S. District Court Judge Tanya Chutkan set a hearing over the disputed protective order for Friday, August 11 at 10 a.m.
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