Judge warns Trump could escape if he discovers secret order.
Federal Judge Claims Trump Might Flee if He Learns of Secret Warrant
A federal judge has recently revealed that former President Donald Trump could potentially flee if he were to discover a secret warrant against him. The judge, Beryl Howell, stated that immediate notification of the warrant to Trump would seriously jeopardize the ongoing investigation. This disclosure would provide him with an opportunity to destroy evidence, alter his behavior, inform his associates, and potentially escape prosecution. The revelation came from a filing by Twitter, which was unsealed by Judge Howell on August 15.
Judge Howell, who was appointed under President Barack Obama, issued the non-disclosure order at the request of special counsel Jack Smith’s team.
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President Trump’s lawyers have not responded to requests for comment regarding this matter.
The non-disclosure order prevented Twitter, now known as X, from informing President Trump about the warrant. As a result, Twitter was compelled to provide extensive data from Trump’s account to Mr. Smith’s team.
In a filing unsealed this week, Mr. Smith’s team argued that the court should approve the non-disclosure order due to the potential risk of Trump attempting to flee if the order was not in place.
Keeping the warrant secret “furthers several additional governmental interests, including (1) ‘prevent[ing] the escape’ of individuals who may be indicted,” Mr. Smith’s team claimed.
Twitter, however, objected to these claims, stating that there was no reason to believe that notifying Trump about the warrant would lead to the destruction of evidence, witness intimidation, or an attempt to flee prosecution.
In a filing on February 2, Twitter’s lawyers argued, “The former President has announced that he is running for re-election in 2024, which renders it highly implausible that he will attempt to flee the country, and even more unlikely that such flight would be precipitated by this specific warrant.”
During a hearing on February 7, Judge Howell acknowledged Twitter’s concerns and expressed her understanding of their desire to modify the non-disclosure order to remove the “potential risk of flight by the president.”
Prosecutors later admitted their error in including the flight risk claim and sought to strike that language from the non-disclosure order.
Portions of Judge Howell’s order were previously made public by an appeals court, which supported her decision to approve the warrant and order.
Warrant Approved, Reaffirmed
The warrant was approved on January 17, the same day it was requested. Judge Howell also entered the non-disclosure order on that day, which was subsequently challenged by Twitter.
Mr. Smith obtained the warrant as part of his investigation into President Trump’s efforts to investigate the 2020 presidential election. Charges, including conspiracy and obstruction, have since been brought against the former president by Mr. Smith.
Twitter argued that it should be allowed to notify President Trump about the warrant, as it may involve executive privilege issues. The data requested by the warrant allegedly includes “confidential communications” between Trump and senior advisers. Twitter believed that informing Trump would enable him to challenge the warrant, citing the First Amendment of the U.S. Constitution.
Government lawyers countered by stating that there was no evidence of confidential communications among the data sought. They argued that the government’s compelling interest in keeping the warrant secret from Trump outweighed any rights of Twitter. Judge Howell ultimately sided with the government and ordered Twitter to comply with the warrant.
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