It does sound like a strange argument, but he already won in court precisely on it: https://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=2193&contex

It does sound like a strange argument, but he already won in court precisely on it: https://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=2193&context=elq https://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?art...