Your points are good, but this sentence warrants commentary. I don't think actual trial court level litigation has been a big part of their playbook. Don't misunderstand. Obviously they've used the courts as a vehicle to force their policy agenda a lot, but that's a court deciding a pure question of law and nothing else. Facts and evidence in those cases are of little or no consequence, because they're usually not in dispute. This is a different ball game, because facts and evidence are major factors.
Second, certainly the media will take their side as they always do. However, it's a lot harder to be one-sided about a court case than about vague and general political topics and campaigns. Eventually somebody is going to ask what the court and the defense are actually doing.
On a different note, I'm not sure if anyone has noticed, but the case against WikiLeaks is based on their publication of the emails. Why is that a big deal? Because if the court goes along with that, it'll basically make it illegal for any media outlet to publish something that became public through illegal means. That means that the media outlets who published Edward Snowden's information could be sued. Ditto for "Chelsea" Manning's leaks. Ditto for the Pentagon Papers. It would be the biggest restriction on the freedom of the press in at least a century. Let's put it this way. If this case involved anybody but Donald Trump, the media would be losing their minds.
Last edited: Apr 23, 2018