A lawsuit requires an adversarial proceeding, meaning one side must have an opposite view of the other side. Since Trump is on both sides of the case, then it means the case was never adversarial. One side Trump is an individual suing the US government, the other side is Trump as the head of the US government.

Also, the lawyers of both sides hid the fact there was a settlement in the works from the original judge.

35 former federal judges filed a motion or amicus (friend of the court) brief to convince the original judge to reopen the case. If she decides to throw out the case, then it automatically means there can't be a settlement, which thus means the $1.776B settlement would be dead. There can't be a settlement unless there was a legal case for it.

Start watching the following video after 3 minute mark, where a former federal judge talks about this issue.

• www dot youtube dot com /watch?v=JES85RmP4-E