@driftdiver
I have been saying essentially the same thing from the outset of this episode. It is quite possible that he left his phone on his desk while he went to the bathroom. I do that all the time.
At bottom, this ploy has worked for the leftist numerous times in the past (Herman Cain and others) and they will keep right on using it until someone kicks their teeth in over it. That's why I hope the lawsuit is a resounding success!
So, he just left his phone there for a few minutes and, mirabile dictu, someone was able to take it, guess his passcode, send the texts, and replace the phone exactly where it was before, all without anyone else seeing?
That's a bit of a stretch.
I'm not saying he did what he's been accused of - we'll have to see what the courts say - but I am saying your scenario is a bit far-fetched. If they came from his phone, odds are they came from him.