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Why would they fold? Once discovery starts, they will have Twitter and Musk by the balls. They will entitled to thousands of internal emails/txt/chats that all talk about how Twitter treats Nazis on it platform. You can sure as shit there will be some damning statements made by some employee at some point. Hell, they were most likely made by Musk himself.
Dude is scared shitless of discovery. He sued to not buy Twitter and folded the day before discovery started. Guys got some damning media floating around somewhere hes really afraid of turning over to a court.