Dominion Files Lawsuits

Voting machine manufacturer Dominion sued Sidney Powell, Trump lawyer Rudy Giuliani and MyPillow CEO Mike Lindell for $1.3 billion in damages for repeatedly claiming Dominion rigged voting machines. 

The lawsuit against Powell described 40 occasions Powell allegedly made false and defamatory statements about Dominion

According to Forbes, Lindell says he would welcome being sued by Dominion, adding he has “100% proof” they committed election fraud.

No Reasonable Person Defense

Facing defamation, Powell trots out a No Reasonable Person, defense.

Attorneys for Sidney Powell are asking a federal judge to dismiss a defamation lawsuit filed against her, claiming that “no reasonable person” thought the pro-Trump lawyer’s statements about the 2020 election results were factual.

In contrast to Lindell, Powell admits she was making things up.

Court Arguments 

The word "Reasonable" appeared 10 times in the Request for Dismissal

The lead image and many similar ones are in the defense filing. Here are some paragraphs from the dismissal plea.

Determining whether a statement is protected involves a two-step inquiry: Is the statement one which can be proved true or false? And would reasonable people conclude that the statement is one of fact, in light of its phrasing, context and the circumstances surrounding its publication.

Furthermore, it is clear that Powell’s statements were made as an attorney-advocate for her preferred candidate and in support of her legal and political positions.  

The highly charged and political nature of the statements likewise underscores their political and hence partisan nature. Powell alleged that “Democrats were trying to ‘steal the vote’ from Trump and that ‘they ha[d] developed a computer system to alter votes electronically.” 

She claimed that she had evidence that the election result was the “greatest crime of the century if not the life of the world.” Reasonable people understand that the “language of the political arena, like the language used in labor disputes … is often vituperative, abusive and inexact.” 

 Analyzed under these factors, and even assuming, arguendo, that each of the statements alleged in the Complaint could be proved true or false, no reasonable person would conclude that the statements were truly statements of fact.

Spotlight Giuliani

In January, a lawyers’ group filed an Ethics Complaint Against Rudy Giuliani with New York’s courts seeking to suspend his license.

In the Defamation Lawsuit against Giuliani, Dominion took aim at the conspiracy theory Giuliani promulgated that Dominion is a Venezuelan company that stole elections for Hugo Chavez.

“After decrying how an American election had been fixed by a Venezuelan-owned company, Giuliani marketed cigars from an 'American-owned' company, offering '$20 off orders over $100' if his viewers used the code 'Rudy20' when ordering,” the lawsuit said.

“Giuliani’s false tweets about Dominion were liked over 534,000 times and were foreseeably retweeted over 160,000 times. The retweets disseminated Giuliani’s false tweets to over 1.5 million Twitter accounts,” the lawsuit said.

It's one thing to tell lies about a political opponent. It is another matter to purposely drag private corporations into the mud. 

And Dominion even gave Powell a chance to retract her statements.

On that basis, I suspect all of the defendants in the Dominion lawsuits are in deep legal trouble. 

Will Dominion go after Trump as well?

Mish