Right.  But would a judge give it to them  The senate will not allow them to present evidence at trial from before Trump was president, right?  So the courts cant take serious their application for it for the impeachment trial.  So they stand the same chance of getting that as they did before this.    Wouldn't they have already thrown everything at him during the first presidential campaign?     All we can do is speculate.  Time will tell.  Trump will be re-elected either way.