Sydney Powell, Nobody Believed What I was Telling the Court

by Michael London | 03/22/2021 8:29 PM
Sydney Powell, Nobody Believed What I was Telling the Court

Sydney Powell's attorneys claim that if a false and misleading claim is made in court that is so outlandish, the attorney making those knowingly false claims should receive a Mulligan.

 

Attorneys for attorney Sidney Powell filed a petition Monday to drop Dominion Voting Systems' $1.3 billion defamation case.  Her attorneys are alleging that her conspiracy theories about the election-technology business having ties to Venezuela and allegedly rigging the 2020 presidential election should not have been taken seriously.

"Even though none of the claims claimed in the Complaint could be proven true or false, no rational one can believe that the statements were statements of fact," Powell's lawyers wrote in the filing.

Dominion sued Powell in January, claiming she defamed the corporation by wrongly claiming the company illegally moved votes from then-President Donald Trump to now-President Joe Biden.

Powell, an appeals court attorney who also advised Trump's former National Security Advisor Michael Flynn, shot to national attention after Trump's election defeat in November. She disputed he lost the election and wrongly said election-technology firms such as Dominion and Smartmatic, which sued Powell, falsified ballots.

She was recruited and later sacked by Trump's legal staff before launching four independent cases to reverse the election outcome. Her cases, which were riddled with spelling errors and bizarre arguments, all failed in court.

On behalf of Powell and Defending the Republic, a fundraising platform she set up when supporting her unsuccessful litigation, attorneys Lawrence J. Joseph, Howard Kleinhendler, and Jesse R. Binnall filed their appeal to Dominion's complaint.

They claimed that Powell's words should be seen in the light of the politically charged race, even after Trump had already lost the election. Any "fair individual" would recognize she wasn't making truthful arguments, even though she had made her claims in litigation as well as media interviews.

"Notably, one of the Complaint's focus points is Sidney Powell and others' press conference on November 19, 2020, at the Republican National Committee headquarters in Washington, D.C.," the lawyers wrote. "Any press release issued by the Republican National Committee is political at the heart."

Powell's lawyers argue that the fact that Dominion dismisses Powell's allegations as "outlandish" shows that they could never have been taken seriously in the first place.

"Indeed, the Plaintiffs refer to the statements at issue as "crazy assertions" and "outlandish assertions." They are repeatedly labeled as "inherently unlikely," if not "impossible." "Powell's lawyers sent a letter. "These characterizations of the supposedly defamatory comments reinforce Defendants' position that fair persons will not recognize such statements as fact, but rather as arguments to be tested by the courts in the adversary process."

Powell's conspiracy theories were revived more than a month after the election results were announced. She dubbed Dominion "fraud masters" on Twitter after sending her record preservation letters informing her of a complaint.

Powell has declined to withdraw her statements about the organization and has not responded to Insider's repeated demands for comment.

Many of the issues raised in Dominion's initial complaint remain unaddressed in the current filing, including Powell's submission of updated documents on the company's certificate to include election technology in Georgia. Legal ethics experts told Insider Powell could face penalties if she discovered that she tampered with court exhibits.

Powell faces a slew of court threats in the aftermath of her unsuccessful referendum litigation. In addition to the Dominion and Smartmatic defamation cases, authorities in Michigan are trying to disbar her and the lawyers who worked for her.

 

                     Examining the Dominion and Smartmatic defamation cases

 

 

 

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