It likely won't even get to court, it won't get past the judge. His lawyers will file a motion to dismiss and while the Judge will likely want to hear arguments regarding what the writer knew and what evidence there is regarding Nauta, she'll give Smith a deadline to respond the motion to dismiss. Likewise, Trumps attorneys will be allowed to respond to that where they will easily be able to refute anything smith says. That will most likely conclude the case with a dismissal and very possibly with prejudice due to the lack of legal basis.
I just don't see Smith getting past the writer argument due to the lack of intent proven by the FPA.
Thus, it will never make it to trial, it might not even make it far enough to file a motion to dismiss. I read this one and found 50 legal points all of which are grounds for dismissal.
Which is documented here if your interested in reading it: