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Sidney Powell says Dominion's $1.3 billion lawsuit unfairly singles her out from everyone who pushed election falsehoods

May 25, 2021, 23:33 IST
Business Insider
Sidney Powell at a Trump campaign press conference in November.Tom Williams/CQ-Roll Call, Inc via Getty Images
  • Sidney Powell's lawyers again asked a court to dismiss Dominion's $1.3 billion defamation lawsuit.
  • They argued that Dominion unfairly singled her out from everyone who pushed election falsehoods.
  • Dominion sent legal threats to more than 150 people and has said it's planning more lawsuits.
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Attorneys for Sidney Powell once again asked a court to dismiss Dominion Voting Systems' $1.3 billion defamation lawsuit against her, arguing that she was unfairly singled out among people who falsely claimed the company rigged the 2020 presidential election against Donald Trump.

The attorneys' Monday-night filing, meant to bolster a motion to dismiss the case, argued that Dominion didn't have the standing to sue Powell.

Powell has falsely claimed that Dominion was secretly in cahoots with the government of Venezuelan President Hugo Chávez, who died in 2013, and used its technology to "flip" votes from Trump to Joe Biden. Powell pushed her false claims through interviews, rallies, news conferences, and four failed lawsuits seeking to overturn the election results.

Powell's attorneys, Lawrence J. Joseph and Howard Kleinhendler, said in the filing that Dominion's lawsuit was unfair because the company didn't also sue everyone else who supported Powell's lawsuits.

"Plaintiffs concede that as a public figure they must establish that Ms. Powell - the only human among defendants capable of uttering defamatory statements - acted with malice. Thus, if this Court somehow finds jurisdiction, this case must be dismissed," they wrote. "Nowhere in U.S. jurisprudence has a court found someone liable for defamation for publishing the basis of claims in four federal lawsuits supported by a combination of over 170 separate affidavits, declarations, and expert reports."

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Dominion sued Powell in January. It had sent more than 150 warning letters to people and companies who pushed election conspiracy theories, including to people who signed affidavits and declarations of support for Powell's falsehood-filled lawsuits.

The election-technology company has sued other people and parties who it says pushed lies about its role in the 2020 election, including Rudy Giuliani, MyPillow CEO Mike Lindell, and Fox News. Giuliani, Lindell, and Fox News have all said that Dominion's lawsuits lack merit.

Tom Clare, the attorney leading Dominion's defamation litigation, previously told Insider that the company intended to file more lawsuits.

In March, Powell motioned to dismiss Dominion's lawsuit, arguing that no "reasonable person" would take her claims literally. Dominion responded earlier in May, alleging that she had used her "defamatory falsehoods" to attract money and fame.

Many Republicans still harbor baseless doubts about the legitimacy of the 2020 election. In a recent Ipsos poll, more than half of Republicans said they believed the election was rigged, and about half said they thought Trump remained the true president of the United States.

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In addition to Dominion's lawsuit, Powell is fighting numerous legal battles over her election conspiracy theories. Smartmatic, another election-technology company she implicated, filed its own defamation lawsuit against her.

She is also at risk of court sanctions, possibly including disbarment, in Wisconsin and Michigan.

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