Remember Sidney Powell, the member of Trump’s crack (or should I say cracked) legal team that accused Dominion Voting Systems of orchestrating a massive fraud that deprived Trump of. his election win? Dominion sued her for defamation and was asking for $1.3 billion in damages. Well, she has now come up with a defense that no one in their right mind could have thought that she was serious, despite her going on TV, meeting in the White House with Trump, and giving press conferences multiple times making those allegations.
Sidney Powell argued Monday that she couldn’t be sued for defamation for repeatedly promoting false conspiracy theories about the 2020 election being rigged because “no reasonable person would” believe that her comments “were truly statements of fact.”
Now facing billion-dollar lawsuits from both companies and having lost all of her court cases challenging the election, Powell is on the defensive. On Monday, her legal team filed a motion to dismiss Dominion’s $1.3 billion-lawsuit, or at least to move it from the federal district court in Washington, DC, to Texas. They argued that the election fraud narrative that Powell had spent months touting as grounds to undo the presidential election was “hyperbole” and political speech entitled to protection under the First Amendment.
Even if Powell’s statements were presentations of fact that could be proven as true or false, her lawyers wrote, “no reasonable person would conclude that the statements were truly statements of fact.”
Powell deflected blame to the Trump supporters who adopted the conspiracy theories and lies that she and other Trump allies pushed and that ultimately fueled the insurrection at the US Capitol on Jan. 6.
The claim that the whole thing was essentially a kind of performance art on her part is breathtaking in its disingenuousness. But she was not the only person being sued and not just by Dominion.
Powell’s response to Smartmatic’s defamation lawsuit in state court in Manhattan is due April 8. Smartmatic’s lawsuit also names Fox News, longtime Trump lawyer and ally Rudy Giuliani, and conservative commentators Lou Dobbs, Maria Bartiromo, and Jeanine Pirro as defendants. Dominion has separate lawsuits against Giuliani and Mike Lindell, the My Pillow CEO.
Let’s see what the other defendants of lawsuits by Dominion and Smartmatic say.
I had been wondering what defense she would mount but never imagined that it would be as outlandish as this.