Maybe they want a gag-order to stop the commericals or any discussion about his record until the trial.
There hope is to get the ad pulled and then conveniently drop any lawsuit on it when the election is over, seeing as there is no way in hell he can refute these charges and come out spotless, he would have been better off having his talking head veterans and DNC personell counter these ads instead he has taken a more damaging route, which in my eyes is excellent.
In addition to TV, the Swift Boat Vets need to come up with a link to a streaming video, that can be emailed in a viral marketing sort of way...