Posted on 03/22/2021 3:42:05 PM PDT by Coronal
Sidney Powell, a lawyer who advised President Donald Trump’s campaign, asked a judge on Monday to throw out a $1.3 billion lawsuit accusing her of spreading false conspiracy theories about the November presidential election.
Powell said in a filing in federal court in Washington that there was a “no basis” for the lawsuit brought by Dominion Voting Systems Inc in January.
Powell, represented by three lawyers, argued that claims she made about Denver-based Dominion were protected by the right to free speech under the First Amendment of the U.S. Constitution.
She said her claims about Dominion were meant to be hyperbolic, and that “reasonable people would not accept such statements as fact but view them only as claims that await testing by the courts through the adversary process.”
(Excerpt) Read more at reuters.com ...
Look it up. Rudy himself and other Trump lawyers told judges “this is not a fraud case”. Look that up.
The point of the particular case was that just the differences in how ballots were processed shifted the relative vote total compared to what they would have been if all counties used the (same) legal standard for accepting ballots. A claim of fraud in that case would just muddy the waters.
BTW, I don’t think all the proposed cases were fraud-based.
I think we are talking about two different things.
You seem to be referring to whether or not she will ultimately be found liable for defamatory statements, and I agree with you on that.
I was referring to what I think would have been a better strategy for challenging the election results.
It’s not the only argument for dismissal, but it’s one of them. The motion says that “reasonable people” would understand that her statements were her “opinions and legal theories...”
(The section on this is in pages 41-46 of the pdf of the motion.)
Doesn’t look like it... (page 5 of the pdf)
Not sure about Lin's status at present but a little over a month ago there was this:
Powell’s attorney Howard Kleinhendler confirmed to Forbes in an email that Wood will be joining the legal team.It might be that Lin is joining the team if the motion to dismiss is denied.
I thought this suit was welcome and depositions would expose the underbelly of Dominion. That seems to now have evaporated.
That was then. When we weren’t supposed to question the crap.
I wanted to see (for myself) what Powell’s motion had to say.
I don’t necessarily like to trust what a “news” story has to say about the legal arguments. Many doing the reporting may not necessarily have any legal knowledge whatsoever.
To be honest, I’m a little worried about the defamation suits. To be sure, Smartmatic has a tremendously strong case because I think they can very easily prove that their software was used in one single county (LA county, California) for the election. Every state has to make public the specifics of their election processes.
Whether or not Smartmatic will get the $$$ they’re asking for is one thing, but whether or not Rudy, et al were lying about Smartmatic flipping votes in a county their software wasn’t in use—very easily proven or debunked.
If the stuff about Smartmatic was a lie, and (now) Ms. Powell says she shouldn’t have been taken seriously, why are these the people (Giulliani, Powell, Wood) the ones making the case?
Actually, I did a little research.
I found a list of the suits filed by the Trump Campaign (or their advocates) in each state (up to a certain date) and was looking for what happened with them. (I’m still trying to find the website I was looking at.)
Anyway, they listed 41 court challenges and of those 4 were for “standing” and 5 were for “laches,” and one case was dismissed because of both of those reasons.
Numerous cases came up with these rulings:
“strained legal arguments” PA
“no wrong doing” NV
“evidence of little to no value to change results” NV
“no evidence” GA
“no basis in fact or law” GA
“no proof” MI — 3 of these
“defendent gave more accurate testimony” MI
“no proof” AZ
“failed to present any evidence of misconduct/illegal votes” AZ
“no proof of hacking” AZ
“little basis in fact” WI
“full of falsehoods” WI
“full of errors” WI
**********
And a few were withdrawn by the plaintiffs
It seems to me that the legal arguments and/or proof were not presented very well.
First, I'm very aware of how litigation works. Second, are you really going to go down the tinfoil Qtard rabbit hole with fake special forces raids in Germany and Italian spies? Really now? If that's the road you want to travel, you aren't worth my time.
You are implying that Dominion machines were used to steal votes for Trump, and therefore using them to steal votes for Biden didn't happen. It's a strange argument. Considering that the steal occurred with the blessing of the FBI, I don't believe that they would turn a blind eye to anyone cheating to help Trump. Trump won so big, he didn't need anyone to cheat for him.
I'm implying no such thing. You are an idiot if you think such. Read again.
Your assumptions. There is a well known saying: Never ASS/U/ME anything. You assume much which is yet unexplored in any depth. It is difficult to comprehend how Dominion machines were not involved in stealing votes in Philadelphia, Pittsburgh, and Chester and Delaware counties in PA.
No it isn't. Philadelphia, Allegheny, Chester and Delaware didn't use Dominion machines. The fact that you think that they did is quite telling as to your intelligence and "credentials." Philadelphia, Chester, Allegheny all use ES&S machines, not Dominion. Delaware uses Hart InterCivic machines. Not Dominion. In the Dominion counties Trump had a net INCREASE in vote share and vote totals.
(Interestingly enough, Trump increased his voter share in Philadelphia from 2016 from 15.37% to 17.90% and Biden lost more than a percentage point from Hillary. Trump's vote share in Allegheny was nearly identical to his share in 2016. 39.23% vs 39.91%. In Delaware, there was a 1% decrease to 36.15% from 37.18%. Chester had the biggest change (3%) 40.88% from 43.20%.) Again, none of these counties uses Dominion machines.
The truth is an absolute defense, but a trial on the merits of the issue, is the last line of defense. No competent attorney would fail to make the "so what" arguments these lawyers made.
Truth needs to be raised as an affirmative defense in a responsive pleading or it is waived. A motion to dismiss isn't a response pleading, so lets see if Powell raises it after her motion to dismiss is denied.
You have no idea what my credentials are, and I won't repeat them here. Many lawyers pass a bar exam, but aren't competent lawyers, or are bad lawyers who care nothing for their clients' interests. Too many are in fact.
I hear this line often from internet lawyers.
I have read articles where actual machines were tested and found to have switched Trump votes to Biden. I believe I have read several of these and they were covering different areas of the country.
That you for the sanity your post provides
It is sad to see our side get duped by the fakes who just want to profit from them.
I am sure they will pre order Sydney’s book in the summer or fall.
Sidney Powell filed an election law suit in which her star “expert” talked about election returns in a county that doesn’t exist anywhere in the country.
I'm not sure that you understand the meaning of that term.
The story is a confession in open court in Naples from Arturo D'Elia, an employee of the Italian defense contractor Leonardo SpA that he switched votes from Trump to Biden though an Italian military satellite. That story comes from an affidavit by a well respected Italian law professor of constitutional law, Alfio D’Urso. So, he is like an Italian Alan Dershowitz, and you want to ignore that testimony without any contrary evidence. Ignoring it doesn't prove it didn't happen. Quite the contrary is true. That affidavit states that the court in Naples granted D'Elia and his family protective security, something like our federal witness protection program. Keep ignoring those facts. For those ignorant of Europe's legal systems, the Italian legal system is known to be the slowest in Europe. It takes a while for it run its course, and even longer than here. The prosecutor in Italy is appointed by the courts, not the executive branch. Things work a little differently there, but there's no need for you to keep responding to that which you are completely ignorant, and don't want to learn.
The "story" is a Qtard fantasy. Arturo D’Elia was arrested and indicted for hacking operations that occurred all the way back in 2015 and 2017, during which time he and an accomplice stole over 10GB of sensitive data from Leonardo SpA. The hack was discovered in 2017 and everything at Leonardo has been strictly analyzed since then. There was NOTHING in his 108 page arrest warrant regarding the 2020 election. He certainly was not convicted for any hacking related to the election. If you want to read more, brush up on your Italian. https://www.butac.it/italydidit-la-certificazione-dellavvocato/ https://attivissimo.blogspot.com/2021/01/per-il-generale-flynn-e-chiunque-altro.html
I didn't write that they did, and the facts have yet to be completely investigated. In any event, they use similar software, and the contention is that the software was hacked or adapted to switch votes. Once Dominion's machines got caught flipping votes in MI, it's name became a generic name like "Band-Aid" or "Scotch Tape" for similar products with similar issues. Dominion can litigate that all it wants. The broader First Amendment argument is why citizens are paying millions of dollars for such voting machines which take longer than hand counting the ballots on election night? Considering that other countries have banned such machines, that is a legitimate point of discussion which it is trying to suppress. So this lawsuit falls under the label of a SLAPP suit, (strategic litigation against public participation). If your were a lawyer you should know all of this.
You certainly did. Quote. "It is difficult to comprehend how Dominion machines were not involved in stealing votes in Philadelphia, Pittsburgh, and Chester and Delaware counties in PA." That statement indicates that you believed (falsely) that Dominion machines were used in those counties. You can't try to flip the script after the fact. If you were an actual lawyer, and not a scheming "academic" you would know this.
In any county that didn't cheat Trump's share of the vote increased. Not every county that used Dominion machines permitted them to be used to cheat. That doesn't prove that the machines couldn't be hacked to cheat. All squares are rectangles, but not all rectangles are squares. Proving one rectangle isn't a square, doesn't mean that all squares aren't squares.
The data would support your theory. I've provided you data that is inconvenient to your hypothesis. You don't like the data, so you ignore it and retreat to conspiracy Qtard theories like Kraken, midnight raids in Frankfurt and Italian spies.
So there was no need for her to assert that defense at this time. It's not yet a waiver of that defense. Your proved my point in a long, round about way.
Let's raise the stakes here. I'm willing to bet that Powell and her gang are never able to succeed on an actual truth defense, because the truth simply doesn't support their assertions. Are you willing to wager on that outcome?
And real practicing lawyers are taught in ABA accredited law schools by law professors, many of whom are not practicing lawyers and may have never passed a bar exam. Some law professors don't want to be lawyers, and prefer to be academics. By your logic, such people's legal opinions have no validity. Another curious argument of dubious merit, but it's what you do here.
Law professors without actual legal experience typically have very high opinions of themselves. Academics are a major reason that we are in the predicament that we are in. People who can't do, "teach" and that's just not a good thing at all.
Shhhhhh!!!! Don’t you know you should ‘trust the plan.’
Seriously, some day much will be written about the 2020 election, and one of the things discussed is how a good portion of the Right fell for massive Leftist propaganda.
Just give it time. Already some of the Q people (I will not call fellow FReepers Qtards) are starting to sense they were had. I know many still believe (as recently as February one of them - a lady - actually believed Trump still had access to the ‘football’ and that Biden wasn’t in the WH), but as the months pass and information comes out they will know they were duped.
Unfortunately the country still ended up with Biden, and through Biden, Kamala. My hope was that the bumbling duo would mess up enough for the House and Senate to switch back to us in the mid terms, but with all the recent immigration from Leftist States to Right (maybe they are now more aptly called ‘Right-leaning’) States, who knows?
But it’s sad how so many fell for such ridiculous lines from conmen and mad men.
You know what is funny?
Take the whole 2020 political journey and inverse it. Imagine it was Biden who had Giuliani representing him in court (with a computer analyst that had people laughing at her)! Imagine if it was Biden who had Giuliani representing him as hair dye streamed down his face, or when he got confused and did a speech in front of a landscaping shop next to a sex toy shop! Imagine if it was Biden who had masses of Q, erm, people, waiting in anticipation for coded messages. Imagine it was Biden who had lawyers, who were not actually representing him, telling Democrats not to vote in Georgia. Imagine if it was Biden who had his supporters talking about shootouts between CIA and Delta Force in European capitals. Imagine if it was Biden who had witnesses that were giving wrong information on counties, or sending court documents with glaring errors, or any number of things!
If it was Biden the whole of FR would have been laughing hilariously at the idiocy.
Unfortunately, it wasn’t Biden.
It is sad. See my post 118. I really wish all of this had happened to Biden. Unfortunately it did not.
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