The Guardian (USA)

Trump DoJ subpoenaed Twitter over Devin Nunes parody account

- Coral Murphy Marcos

The Trump administra­tion subpoenaed Twitter for informatio­n related to a parody account that criticized Devin Nunes, a close ally to the former president, according to federal court records released on Monday.

Investigat­ing messages related to the parody Twitter account @NunesAlt, which poses as the California representa­tive’s mother, the Department of Justice (DoJ) sought to identify the user behind the account, according to a motion to quash the subpoena.

“It appears to Twitter that the subpoena may be related to Congressma­n Devin Nunes’s repeated efforts to unmask individual­s behind parody accounts critical of him,” the document states.

In 2019, Nunes filed a $250m lawsuit that accused the media giant of defamation while profiting from abusive behavior and language. The lawsuit also sued @NunesAlt and another parody account posing as the representa­tive’s cow, @DevinCow.

Last summer, a judge ruled that the representa­tive could not sue Twitter, citing section 230 of the Communicat­ions Decency Act, which protects sites from liability for what users may post.

Twitter has not complied with the demand to share the identities. A lawyer for the site said last summer it had no intention of doing so.

In the DoJ investigat­ion, a gag order prohibitin­g Twitter from talking about the subpoena was issued along with the document.

According to the motion to quash the subpoena, Twitter asked the justice department for an explanatio­n regarding the criminal investigat­ion. The government said messages by the parody account were a possible violation of a federal statute that makes it a felony to use interstate communicat­ions to threaten to injure someone – but did not point to any tweet that made a threat.

A Twitter account holder would typically be notified of any legal request – such as subpoenas, court orders or other legal documents – regarding their account, according to Twitter’s rules and policies. However, in this case, prosecutor­s got a court order in November to keep the subpoena secret, citing a fear that its disclosure could harm the investigat­ion.

On Tuesday, a Twitter spokespers­on said the company was “committed to protecting the freedom of expression for those who use our service. We have a strong track record and take seriously the trust placed in us to work to protect the private informatio­n of the people on Twitter.”

The user behind @NunesAlt wrote that the release of the court records was “the closest thing I’m gonna get to a Mother’s Day card”.

He or she also quoted Eric Garcia, a Democrat running against Nunes in California, who referred to Nunes’s prominent opposition to the investigat­ion of Russian election interferen­ce and links between Trump and Moscow.

“So,” Garcia wrote, “the person who claims secret courts and organizati­ons and trying to destroy our country tried to use a secret grand jury subpoena to find the identity of @NunesAlt. How many other times did Devin use the DoJ to try and attack private citizens?”

A GoFundMe campaign has been created by the user behind @DevinCow to pay for the costs related to the congressma­n’s lawsuit against both parody accounts.

“These parodies are anonymous on Twitter, however, they are real people behind these accounts who have re

tained attorneys to respond and fight these allegation­s in court,” reads the fundraiser descriptio­n.

By Tuesday, the fundraiser had raised more than $146,000.

Nunes has filed several defamation lawsuits, including one against the political journalist Ryan Lizza and Hearst, which owns Esquire, over a 2018 article about his family farm. The lawmaker also filed a $435m libel suit against CNN over a report about his contacts with a Ukrainian prosecutor.

 ?? Photograph: Reuters ?? Devin Nunes during a House intelligen­ce committee hearing.
Photograph: Reuters Devin Nunes during a House intelligen­ce committee hearing.

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