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1/ Let's discuss Vern Unsworth's defamation suit against $TSLA's Elon Musk. It's pending in the U.S. District Court for the Southern District of California and is at a preliminary stage where a defendant will typically try to shake off lawsuit before things become interesting.
2/ The usual maneuver is the so-called Motion To Dismiss for Failure To State a Claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure. The defendant will argue that even if everything the plaintiff alleges is true, it still doesn't add up to a "cognizable" claim.
3/ Musk's lawyers filed exactly such a motion. Under the rules, the Court has to evaluate the motion based simply on what the plaintiff has alleged in his or her complaint, without resorting to any extraneous evidence.
4/ Of course, we deal here with Elon Musk. To whom rules do not apply. No rules. No where. He is the Master of the Universe. The greatest Genius who has ever lived. The Chief Engineer with no engineering degree. The greatest charlatan of our times.
5/ So, of course, with his motion to dismiss, he filed a raft of supposed evidence tending to show that throughout the crisis, he was hard at work on his life-saving Tube. A transparent attempt to impress the Hon. US Dist. Ct Judge with what a Tremendous Humanitarian is Mr. Musk.
6/ But the Hon. US Dist. Ct Judge may not be so easily impressed. This case is presided over by Steven V. Wilson, appointed by the late President Reagan. US Dist Ct Judge Wilson has been on the bench for 33 years.
7/ I have noticed this about Reagan-appointed judges. They are not out to change the world. They are far more modest. They care about following the law. They have this strange idea that the Rule of Law is at the foundation of Western Civilization's extraordinary prosperity.
8/ I read with care the Musk motion to dismiss, and I've now read with care the Unsworth Response. Before the April 1 hearing (at which counsel will make oral argument), Team Musk will no doubt file a reply.
9/ I am loathe to predict outcomes at the motion stage. For instance, in the Wochos case, where a motion to dismiss the amended complaint will be argued in early March, I am altogether uncertain about the outcome.
10/ But in this case, I am going to stick my neck out and predict the outcome. Musk's motion will be denied. Why do I believe that?
11/ Because it's obvious that (besides breaking the rules about attempting to introduce evidence in a 12(b)(6) motion), Musk's lawyers have twisted themselves into knots in contorting and distorting the applicable precedent.
12/ And, in their response, Unsworth's lawyers have done a splendid job of making clear, persuasive arguments about all those distortions.
13/ One of Musk's key argument is, Hey, this is Twitter, and everyone knows it's a free for all that means nothing! Well, no. Many, many Muskovites, and undoubtedly many others, took Musk quite seriously. But, just to drive the point home, I do so much love this paragraph: 
14/ And, moreover, the quality of federal court judges is generally quite high. And, on top of that, the Honorable U.S. District Court Judge Steven V. Wilson has been around the block. More than a few times. He won't be wowed by the bullshit of Elon Musk.
15/ @RMac18 has posted a link to the Unsworth response brief. Thank you, Ryan. You can find it here: documentcloud.org/documents/5747…
16/ Godspeed, Mr. Unsworth. What Elon Musk put you through richly entitles you to enormous damages. He simply couldn't abide the idea that you were getting credit for your invaluable work, without which no rescue could have happened. He absolutely must be adored at all times.
17/ And a final word. Godspeed, Saman Kunan, the former navy Seal diver who died in the rescue effort. Elon Musk's endless vanity makes a mockery of his supreme sacrifice.
