Trump could tip the scales in Elon Musk's secret battle against DOJ

Elon Musk’s X Corp. has been waging a secret courtroom battle to weaken gag orders that prohibit social media companies from telling users when prosecutors demand access to their accounts.

Musk is arguably one of the most influential advisers to Trump , who is about to take over the Justice Department .

X took up the case of two ex-FBI officials who were suspected of leaking details of the FBI 's probe related to conservative media organization Project Veritas .

Musk 's close alignment with the president-elect could intensify the push for a policy change on the issue.

The issue has taken on new salience in the age of social media, as investigators increasingly seek to mine suspects’ private messages, posting history and other account data.

The biggest wild card now is the incoming Trump administration.

X argued in court papers that the subpoena may have been “retaliatory’s” Boasberg backed the Justice Department in April 2024 , ruling that the nondisclosure order was constitutional.

X ultimately complied with the order and turned over the account data, but appealed the ruling anyway.

X hopes the ruling will upend the practice on First Amendment grounds.