Twitter’s own lawyers are disputing Elon Musk’s claims in a case involving former President Donald Trump — forcefully rejecting any suggestion that the Twitter Files show what Musk and many R…
Altogether, the filing by Musk’s own corporate lawyers represents a step-by-step refutation of some of the most explosive claims to come out of the Twitter Files and that in some cases have been promoted by Musk himself.Even as the filing undercuts Musk’s effort to portray the Twitter Files as a smoking gun, the filing may still work to his benefit because, if successful, it may save Twitter from a costly re-litigation of its handling of Trump’s account and others.
The communications in question, some of which also came out in a deposition of an FBI agent in a separate case, were invoked last year as part of a bid to revive litigation over Twitter’s banning of Trump following the Jan. 6 attack on the US Capitol. The lawsuit had been, after the federal judge overseeing the case said there was no evidence of a First Amendment violation.
Musk’s release of company files has given lawyers for Trump and other plaintiffs in the case another shot. If the court decides the new evidence is enough to suspend the prior judgment, the lawyers for Trump and othersBut Twitter argued last week that the judge should not allow the case to be reopened because nothing in the Twitter Files supports the already dismissed claim of federal coercion.
Even the FBI’s flagging of specific problematic tweets were merely suggestions that they might violate Twitter’s terms of service, not a request that they be removed or an implication of retribution if Twitter failed to take the tweets down, Twitter’s lawyers said. Citing another case, Twitter wrote: “The FBI’s ‘flags’ cannot amount to coercion because there was ‘no intimation that Twitter would suffer adverse consequences if it refused.’”
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