The problem with that argument is The Constitution has been replaced by the illegal 4th branch Administrative Deep State which has been operating behind the scenes in secret since the Woodrow Wilson Administration and the courts have gone along with it. Constitution no longer has any relevance.
If the contention is they just ran out of time and the plan was very close to completion, anyways, then seeing the 'secret' Mnuchin plan that Craig Phillips says was on his desk in JAN 2021 would go a long, long way to proving what would have happened - and just how shareholders were damaged.
Sounds like they want a POTUS statement - anywhere kept -- of that intent
Sounds like they do not give weight to a letter post Presidency (which I agree with them)
The best argument seems to be ------ "left with two years we could not finish what would need four years" (my quotes). Interesting argument ---- and the one that seems most powerful if it can be proved that were serious motion for two years but it was not enough"
Overall - this was a taking - and all sub-issues aside and all legal mumbo jumbo aside - the GOV (multiple administrations) took our property - took it - and did not pay us for it -- and somehow that should be arguable without roadblocks and circles and nonsense