Politics & Government

Trump’s DOJ sought identity of Devin Nunes’ Twitter critic with late November subpoena

Former President Donald Trump visited Bakersfield on, Feb. 19, 2020. Rep. Devin Nunes, R-Tulare, seen behind Trump, was among his allies in Congress.
Former President Donald Trump visited Bakersfield on, Feb. 19, 2020. Rep. Devin Nunes, R-Tulare, seen behind Trump, was among his allies in Congress. ckohlruss@fresnobee.com

During its final weeks in power, the Trump Justice Department wanted to know who was targeting Rep. Devin Nunes on social media, so it subpoenaed Twitter to find out.

Nunes sued Twitter in a Virgina court two years ago seeking to learn who was behind the parody accounts @NunesAlt, @DevinCow and others that had relentlessly criticized the California Republican, who is close to President Donald Trump. Nunes has been unable to uncover their identities through the lawsuit.

The Trump Justice Department issued a subpoena in federal court on November 24. It sought “all customer or subscriber account information” for @NunesAlt, the anonymously written social media account previously known as Devin Nunes’ mom

In documents unsealed this week,Twitter argued it was concerned the government was aiding Nunes’s legal efforts to attack and unmask his online critics and said the subpoena violated the First Amendment.

“Given Congressman Nunes’s numerous attempts to unmask his anonymous critics on Twitter ... Twitter is concerned that this Subpoena is but another mechanism to attack its users’ First Amendment rights,” the company’s lawyers wrote.

It was not clear whether Twitter complied with the subpoena or whether a judge ruled on it. Spokesmen for Nunes and the Justice Department have not responded to requests for comment.

Twitter told The Bee in a statement: “Twitter is 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 @NunesAlt account calls itself the “Not-so-proud alt-mom of prolific Libel Tourist, and part-time Congressman, Devin Nunes. (Yes, it’s parody) Probably hammered.”

In a tweet Monday, it said “There’s nothing remarkable about me. I’m a basic smartass with a Twitter account.So then why am I being sued by a US congressman? Why would the DOJ ever target me?”

Over the past two years, Nunes and his campaign committee have brought at least nine lawsuits against journalists, news organizations, Twitter and critics. Most of the suits were dismissed, although Nunes has sought to appeal several of the decisions.

Nunes sued Twitter and the accounts @DevinCow and @DevinNunesMom two years ago, alleging they defamed him. A judge last year took Twitter off the lawsuit, saying it could not be responsible for third party statements.

Twitter attorneys asked federal prosecutors for details of the investigation, and were told they were looking into potential violations of the law barring “threatening communications in interstate commerce.”

Twitter argued that tweets from the @NunesAlt account “and others the individual has posted, share are statements deserving of First Amendment protection.”

It said “The government has not explained how disclosure of the Subpoena to the individual at issue could lead to adverse consequences.”

This story was originally published May 18, 2021 at 10:02 AM.

David Lightman
McClatchy DC
David Lightman is a former journalist for the DCBureau
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