@dave I don't think this trial is going to end well for constitutional rights

Why do you think this trial has any bearing on constitutional rights? It's about whether Musk is allowed to walk away from the Twitter deal or not.

@dave Tesla bigwigs seems fair game but subpoenas for private communication between friends seems like overkill

Not with $44 billion on the line it isn't. This is an insane amount of money, Musk's embarrassment at having his personal communications gone through is of limited consequence given what's at stake.

@dave not a lawyer, just don't see why anyone has a right to see that/judge can demand it unless it's a criminal proceeding

That's just how lawsuits work. If there's relevant evidence out there, the courts are usually allowed to demand it. A few precedential cases:
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@dave

case one, destroyed all evidence, some of which may have been relevant

case two, company directors and officers

case three, criminal case and the text messages were sent to a defendant

comes down to what the court says I guess, but common sense suggests that private communication between friends has little bearing on what parties have agreed to in a contract

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