A guy in California was just acquitted of DUI because in CA it's legal to drive under the influence if the result of not driving puts someone at greater risk of harm. His lawyer argued successfully in court that he was at greater risk of harm if he didn't flee in his car when his wife caught him with his girlfriend. That sounds like nonsense to me, but it worked.

Whatever nonsense is being argued by Twitter's lawyers will only be dumb if it doesn't work. What would be dumber would be not using every argument they can think of to clear their client.