So I think the important aspect of the tapes discussion is getting lost.
The thrust of defense in this trial will likely be that LK’s actions contributed to and indeed were the main cause of the chain of events, and even that her damage to MB was more deliberate and more severe, and more calculated, and hence she owes him damages.
Her SM and other statements from spring 2019 onward can be used to build a picture of someone deliberately setting out to destroy MB and get his farm in a lawsuit of some kind.
Within this framework one of the things she did was claim publicly and loudly from June 2019 to last month that she had illegally obtained recordings that contained irrefutable evidence of wrong doing on the part of MB and his friends , including but not limited to child neglect and murder plots against her. She also claimed to have used these recordings to file a false claim to SS.
Now one of several things could be true.
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LK had no recording devices in the barns and relied on eavesdropping and just making crap up. Her SS transcript is just invented.
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LK had recording devices up that recorded enough to give her plausibility in her own mind in using the material to libel, slander, and file false charges.
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LK has crystal clear recordings detailing MBs partipation in a horse murdering child abusing satanic coven, or similar. This I think we all know is baloney.
Therefore the question becomes, was LK taping at all, or were her repeated claims of taping just social media lies intended to harass her targets and make them paranoid? Or did she actually accomplish illegal tapings and then use the tidbits selectively to harass her targets?
You can see that both scenarios create a picture of someone whose actions were deliberate and also strongly causal.
Right now KTeam seem to want to have it both ways, to say they have top secret information but that they don’t have to divulge it or or doesn’t exist. You can’t do this in a court system. It’s in the courts interest to try to pinpoint exactly who is lying and by how much. That stops the schrodingers cat indeterminacy of, until we open the black box we don’t know if the recordings exist at all.
That other family members, ones with assets, have now been implicated in Games with Tapes, is a whole new wrinkle. I think if the family members are shown participating or enabling the harassment of MB, they could be in line to be named in the counter suit.
So the debate isn’t just oh, are the tapes illegal or legal? They were inadmissible to the criminal trial, likely because of their provenance but perhaps they were also irrelevant in content.
The bigger question is how Games with Tapes shows LK and perhaps JK and KK too as participating in a deliberate attempt to destroy MB. And I think that’s why JK and KK are panicking over depositions.