Going for the jugular, 55-year-old Special Counsel Jack Smith seeks to subpoena former President Donald Trump’s Twitter account, wanting to comb through various Tweets in the run-up to the Jan. 6, 2021 Capitol riots. Smith accused Trump Aug. 1 of four new felonies for defrauding the government, obstructing official government business and conspiring to obstruct the Jan. 6, 2021 Electoral College vote. Smith wants to get his hands on Trump’s Twitter account to find whether anything Trump sent sought to communicate with right wing groups like the Proud Boys, Oathkeepers or any other group of individuals seeking to riot on Jan. 6, 2021, the exact date the House convened to certify the Electoral College vote. Smith’s attempt to subpoena Trump’s now defunct Twitter account proves that he has no proof that Trump planned-or-orchestrated the Jan. 6 Capitol insurrection.
Meeting for nearly two years, the heavily partisan Jan. 6 House Select Committee interviewed thousands of witnesses, collected reams of data, all couldn’t tie Trump to the Jan. 6 Capitol insurrection. House Democrats couldn’t accept the Senate’s Feb. 13, 2021 ruling acquitting Trump of former House Speaker Nancy Pelosi (D-Calif.) impeachment charge of “incitement of insurrection.” Pelosi and her chief lieutenant Rep. Adam Schiff (D-Calif.) couldn’t let go of the Senate ruling instead forming the Jan. 6 House Select Committee to get another shot at Trump. House Democrats don’t follow the double jeopardy clause of the U.S. Constitution, looking for more ways to get Trump. Smith goes after Trump’s old Twitter account could present problems with mega-billionaire entrepreneur Elon Musk now owns Twitter. Twitter founder Jack Dorsey would have approved Smith’s subpoena.
When you think of Smith’s latest charges, they all look so flimsy and partisan, considering how few individuals get charged with defrauding the government. Smith wants to prove that Trump knew he lost but challenged the 2020 election. Smith thinks Trump’s Twitter account could shed some light Democrats’ contention that Trump knew he lost the election but tried anyway to reverse the results. Smith wants to show that Trump’s fake electors were part of a diabolical plot to hold onto power. Trump, of course, says the alternative electors were proposed by his attorney’s Kenneth Cheseboro and John Eastman, both facing disciplinary action by state bars. Trump’s attorneys suggested alternative slates of elector to buy the campaign more time to investigate voter fraud. When voter fraud was not validated by any court in the country, the alternative elector strategy backfired.
Smith wants to review Trump’s defunct Twitter account to show a pattern of encouraging violence that culminated in Han. 6, 2021 riots. Democrats and the press often call the Jan. 6 rabble-rousers as Trump supporters, blaming Trump; for inciting violence on Jan. 6, 2021. Jan. 6 House Select Committee concluded in recommendations to Smith that Trump be prosecuted for planning-and-orchestrating the Jan. 6 Capitol riots. Smith knows he doesn’t have evidence Trump planned-and-organized the Jan. 6 Capitol riots, refuting conclusions by the House Select Committee that Trump worked with right wing groups to attack the Capitol. Jan. 6 Committee co-chairwoman former Rep. Liz Cheney (R-Wy.) insisted that the committee proved beyond a reasonable doubt Trump planned-and-orchestrated the Jan.6 Capitol riots. Judging by his new Twitter subpoena, it looks like Smith doesn’t have the goods.
With Musk at the helm of Twitter, Smith has no friend willing to give him what he wants examining Trump’s old Twitter account. Musk, a libertarian, is no friend of Democrats looking to get Trump. Whether Musk honors Smith’s subpoena or not, Smith won’t g et automatic cooperation, especially if it violates Twitter’s rights under Section 230 rendering Social Networks exempt from lawsuits for content published on its platforms. At the same time, Section 230 prohibits Social Networks from censoring content like they did banning Trump Jan. 8, 2021, only two days after Jan. 6. Musk isn’t likely to give Smith access to Trump’s Twitter account without a court order. Smith wants all the dirt on Trump because he lacks material facts necessary to make his case of fraud against the former president. Using Trump’s Tweets against him, Smith hopes to show that Trump planned-and-orchestrated the riots.
Asking to Trump’s Twitter posts in the hours, days, weeks and months before Jan. 6, 2021 riots, Smith hopes to show that Trump was telegraphing to right wing extremist groups that call for riots. Smith seeks Trump’s Twitter account because he has no concrete evidence to prove that he planned-and-orchestrated Jan. 6 Capitol riots. With direct evidence, Smith’s case against Trump has little chance of conviction. Reviewing Twitter posts won’t shed light on anything linking Trump to planning-or-orchestrating the Jan. 6 Capitol riots. Democrats and the press accuse Trump of dereliction of duty because he made no observable effort to stop the Jan. 6 rabble-rousers. But if Trump had nothing to do with the Jan. 6 Capitol riots, how could he call off the mayhem? Trump didn’t try to stop the Jan. 6 riots because he had nothing to do with planning-or-orchestrating the Jan. 6 riots.
About the Author
John M. Curtis writes politically neutral commentary analyzing spin in national and global news. He’s editor of OnlineColumnist.com and author of Dodging The Bullet and Operation Charisma.
