Sidney Powell's Amazing (I Spew Nonsense) Defense in Dominion Defamation Lawsuit

Mish

"No Reasonable Person Would Accept My Statements As Fact"

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

Comments (67)
No. 1-31
Casual_Observer
Casual_Observer

This is going to be hilarious.

Mr. Purple
Mr. Purple

A huge judgment against defendants will send the appropriate message to future slanderers.

sebmurray
sebmurray

In a way she’s not wrong. I’m pretty sure no reasonable people did think that what she said was fact.

I guess though, to quote Arthur Fleck, “you get what you f***ing deserve”

Rippletum
Rippletum

Some people believed it to be fact - about 70 million Trump supporters and about everyone storming the capital on January 6th. Not sure I would call any of those persons reasonable, greedy comes to mind. Sydney should be disbarred over this and bankrupted. By the way many Trump supporters still support armed insurrection. You can listen to AM Radio and hear their plans. Wayne Allyn Root, a deranged AM talk show host has made and continues to make the case for a Republican led coup or some other division - it goes on every day now. Something needs to be done to boycott the owners of these radio stations and their advertisers.

Rippletum
Rippletum

Some rich person out there needs to fund an AM radio station that says the exact same things that Wayne Allyn Root and other conservative radio talk show hosts say but flip it and have the host say it about the Republicans, and then document it. Its no wonder with the fighting words being spewed by Republican talk show hosts everyday that we have such discourse in this country. If I was a foreign actor trying to undermine this country I would support the conservative am radio talk shows, its downright subversive what they are saying everyday on the AM radio. And don't tell me it is the same as what is being said on MSNBC or CNN, its not the same by any stretch. In comparison, it makes Fox News commentary sound like a Barney show.

Sechel
Sechel

while I agree with Powell that no reasonable person should accept her claim about Dominion it's also true that this defense is laughable. The claim went viral yesterday. As soon as Zoe Tillman reported it on twitter dozen of people immediately started retweeting and writing news stories around it

Sechel
Sechel

Even as she tried to distance herself from any liability for what she repeatedly said on TV, in public, and in court, Powell also dug in, arguing Dominion couldn't prove actual malice because "she believed the allegations then and she believes them now"

Sechel
Sechel

Powell's statement would be laughable if it wasn't an admission that gives the court grounds to hold her in contempt and for Dominion to adk for sanctions and collect attorneys fees from her.

ohno
ohno

Classic case of hero to zero. That would kinda suck going from a millionaire to nothing and no one wants to hire you. Maybe Trump will thank her for the sacrifice on his new media platform. I didn't vote for either one of the clowns. I'm really getting tired or the choices. Beavis and Butthead.

Tengen
Tengen

Couldn't help but notice that ZH is avoiding this story like the plague. The reaction to Sidney over there has been akin to 1960s schoolgirls attending a Beatles concert. They loved her so much they completely turned on Tucker Carlson for daring to question her lack of evidence.

Fast forward a few months and Sidney's kraken is a joke, while Tucker has been more belligerent than usual in an effort to win his old fans back. This whole charade is pathetic and everyone who was fooled by it should be deeply ashamed!

Eddie_T
Eddie_T

When the going gets weird, the weird turn pro.

                    ........Hunter Thompson

Sydney Powell always seemed to be a few cards short of a full deck to me. Nothing I ever heard her say made the least bit of sense. I hope they take her to the cleaners.

Irondoor
Irondoor

Yes, shut them down. And let’s get started burning books too.

njbr
njbr

Remove her licensce NOW!

The relevant rule from the ABA

Rule 4.1 Truthfulness In Statements To Others

Transactions With Persons Other Than Clients

Misrepresentation
[1] A lawyer is required to be truthful when dealing with others on a client’s behalf, but generally has no affirmative duty to inform an opposing party of relevant facts. A misrepresentation can occur if the lawyer incorporates or affirms a statement of another person that the lawyer knows is false. Misrepresentations can also occur by partially true but misleading statements or omissions that are the equivalent of affirmative false statements. For dishonest conduct that does not amount to a false statement or for misrepresentations by a lawyer other than in the course of representing a client, see Rule 8.4.

Statements of Fact
[2] This Rule refers to statements of fact. Whether a particular statement should be regarded as one of fact can depend on the circumstances. Under generally accepted conventions in negotiation, certain types of statements ordinarily are not taken as statements of material fact. Estimates of price or value placed on the subject of a transaction and a party’s intentions as to an acceptable settlement of a claim are ordinarily in this category, and so is the existence of an undisclosed principal except where nondisclosure of the principal would constitute fraud. Lawyers should be mindful of their obligations under applicable law to avoid criminal and tortious misrepresentation.

Crime or Fraud by Client
[3] Under Rule 1.2(d), a lawyer is prohibited from counseling or assisting a client in conduct that the lawyer knows is criminal or fraudulent. Paragraph (b) states a specific application of the principle set forth in Rule 1.2(d) and addresses the situation where a client’s crime or fraud takes the form of a lie or misrepresentation. Ordinarily, a lawyer can avoid assisting a client’s crime or fraud by withdrawing from the representation. Sometimes it may be necessary for the lawyer to give notice of the fact of withdrawal and to disaffirm an opinion, document, affirmation or the like. In extreme cases, substantive law may require a lawyer to disclose information relating to the representation to avoid being deemed to have assisted the client’s crime or fraud. If the lawyer can avoid assisting a client’s crime or fraud only by disclosing this information, then under paragraph (b) the lawyer is required to do so, unless the disclosure is prohibited by Rule 1.6.

TCW
TCW

"It's one thing to tell lies about a political opponent. It is another matter to purposely drag private corporations into the mud. " I would say they are equally despicable.

Dr. Manhattan23
Dr. Manhattan23

She is using the same nonsense newspapers say. Both are wrong. Unfortunate that this is happening to this country. Right down the tubes

PostCambrian
PostCambrian

Apparently Powell's statement means that Republicans are unreasonable. I would go along with that. Her argument might hold water if she wasn't counsel to Trump and representing him in court. Making false statements in court is against the law and violates the rules of the licensing board. So Powell should be put in jail, lose her license to practice law, and lose the defamation cases.

Carl_R
Carl_R

Those that were concerned that the allegations against Dominion weren't adequately investigated should now be pleased, as the allegations will be investigated thoroughly. If Lindell or Powell has proof that the machines changed votes, they will get the opportunity to present it. If Lindell and Powell have no evidence, Dominion we be take to take what they own to recoup any financial losses they suffered from false allegations.

The wheels of justice turn slower than some would like, sometimes, but they do turn.

karljen
karljen

The burden of proof is on the accuser so hopefully Dominion can continue to not produce the machines for inspection.

karljen
karljen

She's a retired federal employee collecting a pension and benefits on taxpayers dime. Taxpayers are the real losers here.

PecuniaNonOlet
PecuniaNonOlet

She is admitting to saying stupid things to stupid people and quite frankly that makes her really stupid. Waiting for the TV show called Scumbaggish that features republicans as the starring cast.

Realist
Realist

This is the sad state of America today. Full of people like Powell, Lindell, Giuliani, Dobbs, Trump etc who seem to think it is okay to blatantly lie to the faithful because it makes for good tv and self-promotion. Even more pathetic are the millions of kool-aid consumers who believe them.

I am continually amazed at the high numbers of conspiracy cultists in America. Somehow, they ignore all common sense and reality, because of their political beliefs, religious beliefs, or sheer stupidity.

How anyone can believe any of the conspiracies listed below is shocking:

Trump won the election

Global warming is a hoax

The Pandemic is a hoax

Vaccines are bad for you

The moon landing was a hoax

The world is flat

QAnon

etc

Rbm
Rbm

So my question is do you feel lied to or your not a reasonable person.
Lets you know what these guys think of their base.

Doug78
Doug78

I am not sure what to make of this. I am not a lawyer specialized in slander and libel law and consequently I have no idea whether her defence is a good or bad one even if to me, a layman, it seems risky. Perhaps we have a lawyer here specialized in that area who can give us an idea.

rodgerreno
rodgerreno

i'm not a lawyer, but if i understand libel, it is about lies. she has admitted to lies about the company. is this her asking for the mercy of the court?

njbr
njbr

For those who want a lawerly opinion on Powell, read the attached complaint from the Michigan Attorney General....

Jeff Dog
Jeff Dog

Fox News lawyers said in court that a reasonable person would not take Tucker Carlson's statements as factual and the judge agreed. So there is precedent.

Jeff Dog
Jeff Dog

Fox News lawyers argued in court that a resonable person would not take Tucker Carlson's statements as facts and the judge agreed. So there is precedent.

threeblindmice
threeblindmice

Mish releases the kraken on Powell.

Scooot
Scooot

It all seems rather odd to me. They spent all that time trying to get into court to argue the election was rigged and now they’ve got the chance to go to court to put their case they’re trying to avoid it.

JONZDOG
JONZDOG

I think she's sitting on a goldmine of money raised with the promise of the Kraken. Probably sitting in a Cayman account already.

jeffbkasper
jeffbkasper

It looks you folks are still reading the fake news. If you go to Sydney's website https://www.sidneypowell.com/ you will get the real story.


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