Twitter uses Elon Musk's poop emoji response to CEO Parag Agrawal as evidence that Musk insulted the tech giant

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Twitter's lawsuit against Elon Musk for breaking his $44 billion takeover agreement has an unusual piece of evidence: a tweet from the billionaire that uses the poop emoji.

The lawsuit that was filed Tuesday in Delaware uses Musk's tweet from May 16 and other evidence to show that he publicly badmouthed Twitter, which was against the terms of the merger agreement, before he pulled out of the deal.

Musk's tweet with the smiling poop emoji was a response to Twitter CEO Parag Agrawal's tweets about how the company fights spam and fake accounts, which Agrawal called a "dynamic" battle.

Last week, Musk said he was ending the buyout deal because he was worried about bots and fake accounts. In response to the lawsuit, he tweeted that his use of the colorful emoji was shorthand for "BS," which is a common way to say "bulls**t."

Now, Twitter is asking a judge to force Musk to buy the company at $54.20 per share, as he agreed to do in the April 25 merger deal. Many legal and financial experts think Twitter has a strong case.

Twitter's lawsuit includes a screenshot of the billionaire responding to its CEO with the poop emoji, saying it's evidence he disparaged the company in violation of the buyout deal

Musk responded to the lawsuit with a tweet explaining that his use of the colorful emoji was shorthand for 'BS'

Musk's colorful tweets sparring with Twitter CEO Parag Agrawal (right) are now among the evidence submitted in the social media company's lawsuit

In the lawsuit, Musk's tweets are used as proof that he broke the merger agreement by saying bad things about the company and letting out information that wasn't meant for the public.

In a tweet from May 17, Musk seemed to ask the SEC to look into how accurate Twitter's public statements are.

The company says that these tweets break the merger agreement, which says that Musk can tweet about the buyout "as long as such Tweets do not disparage the Company or any of its Representatives."

While Musk's tweets are used as proof that he has been trying to take over the company in "bad faith," Twitter's main point is that the world's richest man is bound by the deal he signed on April 25 to buy the company.

The lawsuit says that the deal doesn't depend on Musk getting financing, and that the billionaire gave up his usual right to due diligence, which means he didn't look into the basics of the business, which is what he did later with the fake accounts.

Wednesday, Twitter stock went up almost 8% to $36.75, which shows that investors think the company's lawsuit is likely to work in some way.

Twitter stock jumped nearly 8 percent on Wednesday, to $36.75, in a sign that investors view the company's lawsuit as likely to succeed in some capacity

Musk's fateful poop emoji was in response to Agrawal's thread explaining the company's policies in relation to spam accounts

The April 25 merger agreement contains a clause forbidding Musk from insulting Twitter representatives in tweets about the merger agreement

In a note that DailyMail.com got from Wedbush analyst Dan Ives, he said that "many investors spent last night reading the case and came to the conclusion that this Game of Thrones court battle will end in some kind of Twitter win."

Ives wrote, "This will be a tough fight in court, with the fake account/bot issue at the forefront, but in the end, Twitter's Board is holding Musk's feet to the fire to finish the deal at the agreed-upon price."

At the end of the lawsuit, it says that Musk "refuses to honor his obligations to Twitter and its stockholders because the deal he signed no longer serves his personal interests."

Musk asked Twitter for information about fake accounts, and Twitter's lawyers said the company didn't have much time to respond. They also said they thought Musk was trying to use the information to start a competitor.

The lawsuit said that Twitter kept trying to get Musk's team what it wanted while protecting its customers' data and being worried about how Musk might use the data if he was able to get out of the deal.

Twitter's lawyers said that if the company kept giving in to Musk's demands, it would hurt the company's business in the long run.

Twitter lawyers said the company was complying with Musk's request but grew worried about oversharing info that would pose 'competitive risks' to the social media giant

They also said that Musk has kept mining Twitter's confidential data even though he said he would back out of the deal.

The lawsuit said, "Twitter has gone out of its way to give Musk the information he has asked for, including, most importantly, the full "firehose" data set that he has been mining for weeks with the help of unnamed data reviewers and has been continuing to mine since claiming to stop."

Matt Navarra, an expert on social media and commentator on the industry, said that the lawsuit "gives a brutally blunt blow-by-blow account of Elon Musk's corporate takeover theatrics."

It talks about a few of Musk's tweets about the deal, like the poo emoji he sent in response to a tweet from the CEO of the platform about fake account numbers.

Navarra told the PA news agency that Twitter says Elon Musk is a hypocrite who has trashed the company and done "irreparable damage."

"Yet Twitter wants a judge to force Elon Musk to pay up and finish the 44 billion dollar takeover deal he started. This could be the most expensive "If you break it, you pay for it" case ever.

In other news, court documents filed on Wednesday showed that Delaware's well-known business court's first female chief judge will be in charge of Twitter's case.

Kathaleen McCormick took over as chancellor, or chief judge, after Andre Bouchard retired from the Court of Chancery last year. This is a popular place for big business disputes.

One of McCormick's first decisions will be about Twitter's request to have a four-day trial in September. This is a very short amount of time for such a complex case.

The Delaware Supreme Court can hear a case against McCormick's final decision on the merger.

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