Elon Musk’s Twitter Delayed a Search Warrant for Trump’s Account

Elon Musk’s Twitter refused to comply with a federal search warrant for Donald Trump’s Twitter account, resulting in hundreds of thousands of dollars in fines for the social media company, according to court documents released Wednesday.

Special counsel Jack Smith obtained the warrant in mid-January and served the warrant to Twitter, now called “X,” alongside a “nondisclosure order.” The order barred the social media platform from informing Trump that his account would be searched.

After being  served the warrant, however, the company took several days to respond. Twitter then filed a motion to vacate the nondisclosure order on February 2, arguing the order violated the First Amendment, and refused to comply. The company demanded that U.S. District Court Judge Beryl Howell, who was overseeing the case at the time, block enforcement of the search warrant until the matter was resolved.

Instead, Howell found Twitter in contempt and fined the platform $50,000 a day, doubling for each day of noncompliance. Twitter still did not comply with the warrant until February 9, resulting in a total of $350,000 in fines.

Twitter appealed the ruling, but in July, an appeals court upheld Howell’s decision, the documents released Wednesday show.

“The district court found probable cause to search the Twitter account for evidence of criminal offenses,” the three-judge panel said in its ruling. “Moreover, the district court found that there were ‘reasonable grounds to believe’ that disclosing the warrant to former President Trump ‘would seriously jeopardize the ongoing investigation’ by giving him ‘an opportunity to destroy evidence, change patterns of behavior, [or] notify confederates.”

It’s not yet clear what Smith was looking for on Trump’s account. The former president favored Twitter over every other form of communication, and used the platform to push his election fraud conspiracies and encourage his followers to come to Washington on January 6, 2021. Many people arrested in connection with the January 6 insurrection said they felt that Trump’s tweets were a direct call to arms.

Smith could try to use Trump’s tweets to demonstrate a pattern of behavior, part of proving one of the conspiracy charges against the former president. Trump was charged last week with trying to overturn the 2020 election and faces four counts of conspiracy to defraud the United States, conspiracy to corruptly obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against the right to vote.

Ohio Secretary of State Frank LaRose is livid that his plan to overthrow local democracy was thwarted by democracy, and the Senate candidate has decided the best response is to insult his own constituents.

Ohioans on Tuesday overwhelmingly rejected an amendment to raise the threshold for ballot initiatives to 60 percent of votes, which would have paved the way for minority rule in the state. Republicans had argued the amendment was needed to protect the state constitution from the influence of special interest groups.

But in reality, the measure was put forward to block another amendment, which goes up for a vote in November, to enshrine abortion rights in the constitution. LaRose himself admitted as much, saying in June that the August election “is 100% about keeping a radical pro-abortion amendment out of our constitution.”

Now that his central issue has lost (badly), LaRose, who will likely be the Republican candidate challenging Democrat Sherrod Brown for Senate, is blaming all the people he claims to want to represent. “I’m grateful that nearly 1.3 million Ohioans stood with us in this fight, but this is only one battle in a long war. Unfortunately, we were dramatically outspent by dark money billionaires from California to New York, and the giant ‘for sale’ sign still hangs on Ohio’s constitution,” he said in a statement.

This is blatantly untrue. Both campaigns supporting and opposing raising the vote threshold were primarily funded by out-of-state donors, but the “yes” campaign significantly out-fundraised the “no” side.

Most of the “yes” campaign’s money came from one billionaire Republican megadonor, with smaller donations from anti-abortion groups—including Susan B. Anthony Pro-Life America, which is linked to dark money king Leonard Leo.

LaRose also used his statement to spread baseless fears: “Ohioans will see the devastating impact of this vote soon enough. The radical activists that opposed Issue 1 are already planning amendments to shut parents out of a child’s life-altering medical procedure, force job killing wage mandates on small businesses, prevent law abiding citizens from protecting their families and remove critical protections for our first responders.”

There are currently no state ballot initiatives for the issues LaRose mentions, such as gender-affirming care for minors or raising the minimum wage. But go off, I guess.

LaRose ended his statement by promoting himself and, implicitly, his Senate campaign. But that may not go down so well, now that he’s shown he backs losing issues and then has a tantrum when they perform poorly.

Senator Dianne Feinstein was taken to the hospital after falling at her home in San Francisco, according to multiple outlets.

“Senator Feinstein briefly went to the hospital yesterday afternoon as a precaution after a minor fall in her home,” a Feinstein spokesperson told TMZ Wednesday. “All of her scans were clear and she returned home.”

The 90-year-old senator was missing from the chamber for nearly three months earlier this year due to a particularly bad bout of shingles. That illness led to her contracting Ramsay Hunt syndrome, which causes facial paralysis and vision and balance impairments, as well as encephalitis—an inflammation of the brain that can cause “lasting memory or language problems, sleep disorders, bouts of confusion, mood disorders, headaches and difficulties walking,” according to The New York Times.

When she did finally return to Congress, she seemed completely unaware that she had been missing at all.

She is also increasingly reliant on her staff to direct her on how and when to vote. “Just say ‘aye,’” a colleague told her in one particularly awkward moment last month.

This is the second-oldest U.S. Senate in history. Two-thirds of Californians believe Feinstein is no longer fit to serve.

The lawyer who came up with the idea of using fake electors to overthrow the 2020 election knew the plan would fail, but Donald Trump and his allies pressed forward anyway, according to a previously unknown internal memo that prosecutors are using to prove the former president engaged in a criminal conspiracy.

The memo, sent by Kenneth Chesebro on December 6, 2020, was published by The New York Times Tuesday night and details the plan to send in fake electors to falsely certify Trump had won certain states (which is illegal, despite what Trump’s legal team says). Chesebro acknowledges in the memo that he is suggesting a “bold, controversial strategy” that the Supreme Court would “likely” ultimately reject.

But that still wasn’t enough to dissuade Trump.

Prosecutors described Chesebro’s memo in Trump’s latest indictment as part of a criminal plan to create “a fake controversy that would derail the proper certification of Biden as president-elect.”

The point of Chesebro’s plan was not to actually pass legal and judicial scrutiny. Instead, Chesebro’s goals were to increase the spotlight on the baseless claims of voter fraud and to give Trump’s campaign more time to win its multiple lawsuits challenging the vote results. (Judges threw out every single one of those lawsuits because they had no basis.)

The plan, which Trump lawyer John Eastman eventually took over, involved creating slates of fake electors in multiple states that Joe Biden had won. The argument would be that doing so would ensure that the correct electoral votes could be counted in case a recount flipped the state to Trump.

In separate, previously seen emails, Chesebro had also suggested having then–Vice President Mike Pence open and count the electoral votes alone. Pence could then certify the fake electors’ votes, even though Biden would have won the state.

Chesebro cited multiple articles from Harvard Law School professor Lawrence H. Tribe to back up his plan. But Tribe slammed Chesebro’s arguments as a “misrepresentation of my scholarship.”

In an essay published Tuesday, Tribe pointed out that Chesebro had taken certain points out of context or had applied narrow, specific details to a more generalized situation. Instead, what “Chesebro sought to do could grievously endanger our entire system of self-government under law,” Tribe said.

Ohio voters have overwhelmingly rejected an amendment to raise the threshold for ballot initiatives to 60 percent of votes, which would have paved the way for minority rule in the state.

Decision Desk HQ, an election results reporting agency, called the race around 8:12 p.m. And the results are not even close: With about 33 percent of the votes in, the “no” vote on the amendment is leading by a 30-point margin.

Republicans argued the amendment was needed to protect the state constitution from the influence of special interest groups. But in reality, the measure was put forward to block another amendment, which goes up for a vote in November, to enshrine abortion rights in the constitution.

Abortion is currently legal in Ohio until about 22 weeks, although not for lack of GOP efforts after Roe v. Wade was overturned. The November amendment would allow people to decide for themselves about all reproductive health. The state could only restrict abortion access after a doctor determines the fetus is viable, or could survive outside the uterus. And even then, abortions can be performed if the patient’s health or life is at risk.

In response, Republicans tried to raise the threshold for constitutional amendments to a 60 percent vote, instead of a simple majority. If they had prevailed, the new threshold would mean that just 40 percent of Ohio would have to vote against a measure, such as abortion, to reject it, allowing the minority of state residents to have the final say.

And when it comes to abortion, blocking reproductive rights is in fact a minority opinion. A USA Today Network/Suffolk University poll released two weeks ago found that 58 percent of Ohioans support enshrining abortion rights, while just 32 percent oppose it. The support crosses party lines, with a third of Republicans backing the amendment, as well as 85 percent of independent women—a crucial voter demographic.

Now that voters blocked raising the threshold, it will require only a simple majority to amend the state constitution to include abortion rights. But the issue of using abortion rights as a proxy for wars on democracy remains.

Ohio is not the first state to use abortion regulations as a way to circumvent the will of the people. In Kansas, after state residents overwhelmingly voted to keep abortion protections in the constitution, Republicans moved to implement laws that would still restrict access to the procedure.

President Joe Biden designated a new national monument near the Grand Canyon on Tuesday, protecting almost one million acres from uranium mining in a massive win for his environmental agenda and Indigenous rights.

The new Baaj Nwaavjo I’tah Kukveni Grand Canyon National Monument protects lands that are sacred to Native Americans, after tribes were forced off the land in 1919 when the Grand Canyon National Park was established. The land contains some of the most biodiverse habitats in the region and is home to bighorn sheep, bison, and bald eagles. Many of the streams in the area contribute to the Colorado River, a critical water source for the Southwest that is at an all-time low due to climate change.

“Today I’m proud to use my authority under the Antiquities Act to protect almost one million acres of land around Grand Canyon National Park as a new national monument—to help right the wrongs of the past and conserve this land … for all future generations,” Biden said during the designation ceremony at Red Butte Airfield in Arizona.

Tribal nations and conservationists had been calling for years to designate the land as a national monument. This is the fifth national monument Biden has designated, after Alaska’s Bristol Bay, Minnesota’s Boundary Waters, and Utah’s Bears Ears and Grand Staircase-Escalante, both of which he restored as national monuments after Donald Trump stripped their protective status.

Although existing uranium mining claims on the Arizona land will be allowed to continue, the new designation protects the land from any future mining claims. Native tribes will be able to use the land for religious ceremonies, as well as for hunting and gathering. The designation is also an important sign, not just for Indigenous people, but for everyone.

Native American history “is American history,” Interior Secretary Deb Haaland, the first Native American Cabinet secretary, said Monday. “Feeling seen means being appreciated for who we are: the original stewards of our shared lands and waters.”

Haaland on Tuesday highlighted the importance of protecting such sacred lands, while Biden stressed the significance of acknowledging all parts of history.

“At a time when some seek to ban books and bury history, we’re making it clear that we can’t just choose to learn only what we want to know. We should learn everything that’s good, bad, and the truth about who we are as a nation,” he said.

Biden also said he would invest $44 million from the Inflation Reduction Act to “strengthen climate resilience across our national park system.” Climate change is especially pertinent to Arizona, which has borne some of the worst parts of a heat wave that has boiled the Southwest. The heat finally broke (relatively speaking) last week in Phoenix, when the city’s high temperature was below 110 degrees for the first time in a month.

Ron DeSantis is trying to invigorate his flailing campaign by reshuffling staffing for a third time.

Campaign manager Generra Peck will now become chief strategist. She will be replaced by James Uthmeier, who served as DeSantis’s gubernatorial chief of staff. The changes will take place “ASAP,” Uthmeier told Politico Tuesday.

The move comes just a few weeks after DeSantis cut more than a third of campaign staff, including two senior-level advisers and about 10 people on the event-planning team. No word on whether he kept the staffers who made a video of DeSantis with a Nazi symbol in the background or an aggressively homophobic and transphobic ad attacking Donald Trump.

Peck and Uthmeier’s moves mark the third time DeSantis has tried to “reset” his struggling campaign. Before he announced he was running for president, DeSantis had positioned himself as the natural successor to Trump. But his campaign started on a whimper, not a bang, and has yet to pick up.

DeSantis is second to Trump in the polls, but by a massive margin. All of his attempts to galvanize his campaign have failed to pay off—literally. His super PAC is burning through cash, scaring off major donors, and yet he continues to slip in the polls.

Things aren’t helped by the fact that DeSantis himself is awkward and terrible at small talk. It remains to be seen whether the third time is truly the charm, but it’s not looking good so far for Team DeSantis.

Republicans are planning to begin an impeachment inquiry into Joe Biden in the fall, despite there being no proof of any wrongdoing on his part.

The GOP has for months accused the president and his son Hunter Biden of corruption, although they have yet to produce any actual evidence of their claims. While the farthest-right Republicans have long been clamoring to impeach Biden, House Speaker Kevin McCarthy previously hedged, saying they did not have a strong enough case yet.

But many House Republicans say that the inquiry will definitely happen in the fall, and could begin as soon as next month, CNN reported Tuesday. They are worried that if they don’t try to impeach him now, it will make it look like they have cleared him and Hunter of wrongdoing.

McCarthy has begun to compare Biden to Nixon, arguing that his actions alone merit an impeachment inquiry. He says that an inquiry is different from voting on articles of impeachment, because it would merely give House Republicans greater power to get access to documents or witnesses that could prove their case. (Although if they haven’t proven their case by now, the bigger question might be whether there is anything to prove.)

“That’s exactly what was played out during the Nixon administration in Congress. They voted to have an impeachment inquiry,” McCarthy told Fox News’s Sean Hannity Monday night. “I’ve raised it on this show not long ago, that because the actions of the Biden administration, withholding information, that that would rise to the level where we would need impeachment inquiry.”

“We will continue to follow the information and provide it to the American public,” McCarthy insisted. “The difference here is we don’t do it for political purposes. We follow the Constitution.”

Except, of course, all of the investigations into Biden are absolutely for political purposes. House Republicans have mobilized multiple committees to go after the Biden family. There has yet to be any proof of wrongdoing, but Republicans have used the investigations as excuses to trash Biden, attack policies they don’t like such as immigration, and share his son’s nude photos.

Supercharging those investigations via impeachment inquiry would be nothing more than Republican retaliation for Donald Trump’s two impeachments. But the move also could be highly unpopular—especially for those 18 Republicans representing districts Biden won in 2020. Several Republicans have expressed skepticism at the idea of impeachment, and CNN reported that some Republican donors are worried that an impeachment inquiry would not be a smart move.

There’s also the risk that impeachment proceedings would backfire completely. Republicans would be forced to lay out everything they have—which is really not that much.

A Trump-appointed Texas judge has ordered three senior Southwest Airlines lawyers to take eight hours of “religious-liberty training” from the far-right Christian hate group Alliance Defending Freedom.

In his late Monday ruling, U.S. District Judge Brantley Starr specifically mandated the lawyers take the training as part of court-ordered sanctions for religious discrimination. He described ADF as one of several “esteemed non-profit organizations that are dedicated to preserving free speech and religious freedom.” The Southern Poverty Law Center has designated ADF as an extremist hate group.

The mandated hate-group training is the latest phase of a lawsuit brought by flight attendant Charlene Carter, who sued Southwest for firing her in 2017 after she sent confrontational anti-abortion messages to her union’s former president. Carter argued she had been discriminated against based on her religious beliefs, and U.S. District Judge Brantley Starr sided with her in December, ordering she be reinstated.

Starr, who was appointed by Donald Trump in 2019, also ordered Southwest to issue a statement telling its employees that the airline “may not” engage in religious discrimination against them. Instead, Southwest said that it “does not” do so, prompting Carter to demand additional sanctions against the company.

Carter had made no request for Southwest to undergo religious liberty training. ADF is not representing Carter, nor is it otherwise related to the case at all, so it’s unclear why Starr felt the need to involve the group.

It’s hard to overstate ADF’s role in rolling back civil liberties. One of its lead lawyers is Erin Hawley, who is married to far-right Senator Josh Hawley. ADF helped overturn Roe v. Wade and then sued to remove mifepristone, one of the drugs used in medication abortions, from the national market. That case is still in limbo, as the Fifth Circuit Court has yet to issue a ruling.

ADF also represented the plaintiff in the recent Supreme Court case 303 Creative v. Elenis. Web designer Lorie Smith was suing to have the right to refuse services to LGBTQ people. The design request she claims she received that prompted her suit appears to have been entirely fabricated.

Andrew Cuomo’s sister helped coordinate a campaign attacking the women who accused the former New York governor of sexual misconduct.

Cuomo resigned in August 2021 after multiple women accused him of sexual harassment. A report by New York State Attorney General Letitia James found that Cuomo sexually harassed nearly a dozen women, including current and former government workers, through unwanted touching and inappropriate comments. Cuomo and his aides also allegedly unlawfully retaliated against at least one of his accusers for going public with her complaints.

Many of Cuomo’s accusers faced vicious abuse online. Much of that abuse was due to Cuomo’s sister Madeline Cuomo, working in coordination with a pro-Cuomo grassroots group, The New York Times reported Monday.

Madeline Cuomo worked with a group called We Decide New York, whose members mostly consisted of women in their fifties, sixties, and seventies. The group rallied behind Andrew Cuomo, galvanized to loyalty by how he had handled the Covid pandemic, in the spring of 2021 as more accounts of his sexual misconduct came to light.

More than 4,000 texts, emails, and voice memos acquired by the Times show just how much influence Madeline Cuomo wielded over the group and its social media presence. She helped WDNY plan social media posts and fed group members talking points for when reporters asked questions, but she insisted that her involvement be kept secret.

Madeline Cuomo regularly bashed her brother’s accusers, slut-shaming them and describing them as “despicable” and “unsophisticated.” Other choice words she used included “home wrecker,” “unauthentic,” and “bimbo photos.” The group followed her cues, often repeating her attacks word for word publicly. Last August, she told the group that two of Andrew Cuomo’s accusers “need to be frightened into shutting up right now.”

The group began to grow uncomfortable with Madeline Cuomo’s aggressive tactics, which would eventually lead to an irreparable rift. Members started to push back in September, after one of Andrew Cuomo’s accusers, Charlotte Bennett, sued him. “Even a slut has right to not be sexually harassed,” WDNY founding president Sandy Behan texted Madeline Cuomo.

The women compromised by sharing a photo of Bennett wearing lingerie at a bar. “No respectable woman would EVER pose like that,” Madeline Cuomo said over text.

Also in the spring of 2021, Madeline Cuomo got WDNY to hype up her younger brother Chris Cuomo when he filed an arbitration demand against CNN. Chris Cuomo was fired from the network for helping Andrew navigate the sexual harassment accusations, a violation of journalistic ethics.

Madeline Cuomo said she had worked with WDNY, but not recently, and that Andrew Cuomo was not involved at all. But the messages shared with the Times show Madeline Cuomo repeatedly said she kept her brother updated on the group’s work and that he appreciated all their efforts.

Andrew Cuomo gained national attention and praise for how he handled the Covid pandemic. But as the sexual harassment allegations came to light, it was also revealed that he had suppressed the number of Covid-related deaths in New York to make himself look better. He resigned in disgrace.