Twitter is expected to hand over tweets from an Occupy Wall Street
protester to a New York criminal judge on Friday after months of
unsuccessfully fighting a subpoena from prosecutors, the protester's
lawyer said on Thursday.
Manhattan Criminal Court Judge Matthew
Sciarrino ordered Twitter earlier this week to comply with the subpoena
by Friday or face contempt and a substantial fine.
Malcolm Harris, was one of hundreds arrested during a mass protest on
the Brooklyn Bridge in October. The Manhattan district attorney's office
is seeking the tweets, which are no longer available online, to try to
undermine Harris' argument that police officers appeared to lead
protesters on to the bridge's roadway only to arrest them for
In the months since prosecutors subpoenaed
Twitter for the records, Harris and Twitter have both waged a legal
battle to quash the request, citing privacy concerns and other issues.
rejected those arguments and ordered Twitter in June to produce the
tweets. Earlier this week, he told the company it had until Friday to
comply or face contempt.
Harris' lawyer, Martin Stolar, filed for
an emergency stay on Thursday in a separate court, but had not yet heard
from the judge.
"It is my understanding that Twitter will comply, barring a stay," he said.
for Twitter did not immediately return requests for comment late on
Thursday, and the company did not respond to requests for comment.
has filed an appeal of Sciarrino's June order, but it is possible the
appellate court could find it moot if the company hands over the tweets
on Friday, Stolar said. In addition to Twitter's appeal, Stolar has
filed a civil action claiming Sciarrino overstepped his authority in
ordering the tweets produced.
Copyright Thomson Reuters 2012