The plaintiffs know discovery will have them behind bars if not worse when those who coordinated with them to riot have to make them disappear.
Kyle Rittenhouse's lawyers might want to insist the case go forward (as is Kyle's right) because the same discovery will get the criminal case exposed as the fraud it is and get it thrown out.
I wouldn't bet $5 on that being allowed to happen. This is the state apparatus (including the judges) going after a politically motivated prosecution. I would be very surprised if the judge didn't try to thwart every attempt at discovery and if the prosecution didn't withhold exculpatory evidence.
After all, as we know, there's zero chance that any crooked judge or prosecutor will face any significant consequences for breaking the law.
Good point. Discovery might show that they conspired to riot. If that's the case, they may be charged with the murder of the two that were killed, since they were killed while committing a felony along with the plaintiffs.
Countersue
Theyd still get the discovery