Nah, I think the tone of their response shows that they think that a PR strategy based in rolling the dice on getting culture-war attachment and hoping that the upcoming recall succeeds before the case is resolved, resulting in an Administration from the faction whose rhetoric they are mirroring, who might then be inclined to dismiss the case.
Since the PR strategy doesn't really constrain their substantive legal strategy, and there is some chance of that PR strategy actually working (though it seems remote), its maybe not a bad idea, ignoring moral and ethical considerations.