Wednesday, June 5, 2024

X corp (formerly Twitter) petitions the Supreme Court over Trump's executive privilege

 See: https://www.zerohedge.com/political/x-urges-supreme-court-review-after-jack-smith-obtained-trump-files

The court of appeals decision is here: https://www.documentcloud.org/documents/24732656-opinion-in-x-trump-case , also here: https://www.dcd.uscourts.gov/sites/dcd/files/23sc31%20Attachment%20A%20-%20Documents%20unsealed%20with%20redactions.pdf

The petition is here: https://www.documentcloud.org/documents/24732649-x-petition

"This Case Is An Ideal And Rare Vehicle. The case is an ideal vehicle to address the executive privilege issues. These issues typically arise within the D.C. Circuit.  Thus, the D.C. Circuit’s holding is likely to be the final word as a practical matter absent review by this Court. And the case presents a rare opportunity for this Court to address the proper limits on nondisclosure orders. Although the government obtains tens of thousands of nondisclosure orders annually, very few cases challenging them ever reach the courts of appeals, let alone this Court. That reflects the immense hurdles to appellate review of these orders. Only providers can challenge them but the sheer volume that providers receive, combined with these orders’ ex parte and boiler- plate nature, make it difficult for providers to discern which are problematic. When providers do identify problematic orders, the government often agrees to modify or vacate them in informal negotiations. When the government does not so agree, providers may not litigate because litigation is expensive and exposes the provider to criticism and potentially contempt, as this case illustrates".



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