It's kind of a moot point; Levine is reading tea leaves about what a judge will think hearing all of this, but the fact is that Musk waived the right to condition the acquisition on Twitter's bot statistics, pretty much in black and white.

wasn't that literally the reason he claimed he wanted to buy it for in the first place? I remember him going on about verifying every human on twitter and improving our discourse

the thing he's pretending to ditch the deal for was the thing he allegedly wanted to fix

And wrote it in the SEC filed docs.

Levine certainly thinks this is true.