He opted to buy the company, and very shortly afterwards said the 5% number - which they've consistently submitted to the SEC for years - is obviously wrong.
Unless he can convincingly explain how he went from naively believing the 5% number to certain it's massively and fraudulently incorrect - in a matter of weeks and with no new information - to the court, he's pretty fucked here.
> The bots thing, man, I don’t know. We have talked about this before. Back before the market crashed, back when he was pretending to want to buy Twitter, Musk was pretending that he wanted to buy Twitter in order to clean up the bot problem. Now he is pretending to want to get out of the deal because of the bot problem. It is tiresome to pretend to take this seriously, so let’s not.