Judge questions Elon Musk’s attempts to forge a connection with former President Trump in ongoing case

SpaceX founder Elon Musk gestures to the audience after being recognized by U.S. President Donald Trump at NASA’s Vehicle Assembly Building following the successful launch of a Falcon 9 rocket with the Crew Dragon spacecraft from pad 39A at the Kennedy Space Center

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In a criminal investigation related to former President Donald Trump’s attempts to overturn the 2020 U.S. presidential election, a federal judge raised questions about Twitter’s cooperation in providing data associated with his account. The judge suggested that Twitter, which recently changed its name to X, may have been trying to gain favor with Trump by delaying the handover of materials requested by special counsel Jack Smith. The court transcript from a hearing on February 7 revealed that Twitter had been citing legal arguments and claiming a desire to inform Trump about the probe as reasons for non-compliance. Elon Musk, CEO of Tesla, who acquired Twitter and reinstated Trump’s account after the ex-president was banned following the Capitol riot in January 2021, was mentioned during the proceedings. “Twitter has had quite some time to comply with the warrant and have everything prepared to turn over, so I am a little bit concerned about where we are,” stated U.S. District Judge Beryl Howell.

Twitter eventually provided Smith’s team with the required data on February 9, but was subsequently fined $350,000 for contempt of court. Trump is currently facing 91 felony charges across four criminal cases for his alleged involvement in attempting to overturn the election results.

Special counsel Jack Smith speaks to members of the media at the US Department of Justice building in Washington, DC, on August 1, 2023.

Saul Loeb | AFP | Getty Images

During the February hearing, Judge Howell questioned Twitter’s legal team about their understanding of the warrant’s scope and the government’s information requirements. The judge speculated whether Twitter’s actions were motivated by a desire to appease Trump, leading to a tense exchange with the defense. Twitter claimed that certain rights, such as the First Amendment and executive privilege, hindered its ability to provide materials for the investigation. Howell challenged these interpretations and inquired if Twitter’s resistance was simply an attempt to compensate for previously banning Trump. Twitter’s lawyer, George Varghese, denied any ulterior motives and stated that the search request justified the non-compliance. X, the company that Twitter is now known as, declined to comment on the matter.

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