There were two issues with the subpeona and resulting quash, because Brinton Resto is very dumb. The first is that quasi was included in the original Wisconsin complaint. This was the main issue as everyone already knows. The second was that resto used some boiler plate subpeona that was ridiculously overbroad. In the google one it was asking for every google account quasi has ever used, all his financial information etc.
The way that discovery disputes happen, in California at least, is that you have to meet and confer first. This is what transpired in the emails that were attached to the SF website. Quasi said he gave resto everything he had, meaning emails and cloudflare ip addresses. e.g
[email protected].
This all occurred before the first quash hearing with Stein. What should have happened was that Brinton withdrew the subpeona to cloudflare and google. Then either resubmits the complaint in Wisconsin removing John doe 1 as a defendant, or submits a motion to amend the complaint, whichever is the correct way to do it in Wisconsin.
After that he could have issued a new subpeona to quasi himself for production of records, this time as a third party. Essentially the same subpeona he sent to cloudflare, kiwifarms,ED etc. Schulman said as much in the final quash hearing to stavros esq. Something like:
fat bald idiot - "we need this information to identify the john doe defendants. This is the same thing as if we subpeonaed twitter for a production of records".
Based Schulman - "well that's not what I have in front of me. I have a motion to quash. That's what i'm ruling on. You need to submit something else if that's what you were trying to do".
Here is where it
could have gotten interesting, although Resto likely fucked it up out of the gate by including quasi originally. If they tried to subpeona quasi again his lawyers would have used the same defense. That the new subpoena was just an end run pretext around the original issues, to get quasi's identity illegally.
But, if they had gotten lucky, its possible that the second subpoena (duces tecum) to quasi could have gone differently in the second meet and confer. Now with quasi removed from the complaint.
- Resto - quasi needs to give over more information
- Pena - he gave everything already, nice request stupid.
- Resto - we don't believe you we're going to subpeona him for a 3rd party hearing
- Pena - then we'll have to quash it, FUCKFACE
Then another 3 rounds and 6 months of back and forth on the quash. In the remote possibity it didn't get quashed, it likely would occur under seal with quasi's identity protected. It possible Resto would need to know quasi's identity though and could have leaked it to Rick.
If Rick somehow would have gotten quasi's identity, there's nothing he could do with it other than harrass and defame him like he does with Mullen. Although Pat, being the fat dummy he is, would have stupidly named quasi in some new complaint. Then got hit with even more sanctions for abuse of process and/or malicious prosecution.