Tight-lipped Twitter is facing contempt charges for refusing to hand over tweets from an Occupy Wall Street protester.
Manhattan District Attorney Cyrus Vance’s office contends the company’s failure to comply with a court order to turn over three months’ worth of messages posted by Malcolm Harris amounts to “criminal contempt.”
In June, Judge Matthew Sciarrino Jr. ruled that tweets be handed over, and last month, Twitter appealed the decision.
However, Twitter could be forced to produce the tweets — or risk being held in contempt — while its appeal is pending unless it wins another reprieve at a hearing set for Tuesday before Sciarrino.
The district attorney’s office argues it needs the tweets to press ahead with its misdemeanor criminal case against Harris, who was among 700 demonstrators arrested in last fall’s march over the Brooklyn Bridge.
Twitter contends that users own their tweets and should be allowed to fight law enforcement’s reach. But the judge ruled that Twitter, and not Harris, was the only party that could fight the subpoena.
Twitter’s decision to side with Harris in opposing the subpoena has put it increasingly at odds with the district attorney’s office. Indeed, sources said there’s growing evidence that prosecutors’ patience is wearing thin.
“They’re rattling sabers,” the source said. “There’s a lot of litigation around subpoenas and the first move is not ‘criminal contempt.’ That’s a bit of a slap in the face.”
Twitter has also taken issue with the district attorney’s handling of the case, according to a source.
“Twitter was pissed off when the prosecutors said, ‘You better comply or we’ll hold you in contempt,’ ” said a source close to the company.