After moving to throw out the “entire” case, arguing that Trump couldn’t establish jurisdiction and failed to state a claim, the BBC defendants anticipated that extensive Jan. 6-related discovery would show Trump can’t “prove that he did not foment or incite the January 6 Capitol riot.”

“[H]e cannot now prevent Defendants from seeking records that would shed light on his true knowledge, intent, and state of mind in delivering his speech at the Ellipse,” the defendants argued.