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Sidney Powell Says She's Not Guilty of Defamation Because 'No Reasonable Person' Would Have Believed Her 'Outlandish' Election Conspiracy Theory
Reason ^ | 03/23/2021 | Jacob Sullum

Posted on 03/25/2021 5:58:32 AM PDT by thegagline

Former Trump campaign lawyer Sidney Powell yesterday responded to the $1.3 billion defamation lawsuit that Dominion Voting Systems filed after she repeatedly accused the company of participating in an elaborate international conspiracy to deny Donald Trump his rightful victory in last year's presidential election. Her defense, more or less, is that she did not really mean what she said.

True, Powell claimed over and over again that Dominion rigged voting machines to manufacture "millions" of votes for Joe Biden. She fingered a specific Dominion executive as largely responsible for the scheme, claimed the plot had its roots in fraud-facilitating software that had helped keep Venezuelan strongman Hugo Chavez in power, and said China, Cuba, and George Soros were also in on it. But "no reasonable person would conclude that the statements were truly statements of fact," Powell says in her motion to dismiss the lawsuit. Powell also argues that the preposterousness of her allegations should protect her from civil liability for damaging Dominion's reputation. "Plaintiffs themselves characterize the statements at issue as 'wild accusations' and 'outlandish claims,'" she notes. "They are repeatedly labelled 'inherently improbable' and even 'impossible.' Such characterizations of the allegedly defamatory statements further support Defendants' position 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 reason.com ...


TOPICS: Crime/Corruption; Cuba; Politics/Elections
KEYWORDS: cuba; election; fraud; ibtz; jacobsullum; noob; partisanmediashill; partisanmediashills; powell; reason; sidneypowell; troll; trollalert; worksforthednc
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To: thegagline

In 2000, Gore had a very small target to contest the election. Trump had 6 states (we know of) to defend. The Dems made the fraud so massive it could not be litigated in the timeframe they had.


21 posted on 03/25/2021 6:12:57 AM PDT by IamConservative (I was nervous like the third chimp in line for the Ark after the rain started.)
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To: thegagline

This is fake news.

The real news is so many here believe it.


22 posted on 03/25/2021 6:15:08 AM PDT by Hostage (Article V)
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To: thegagline

I started to have my doubts about her the moment I saw her utter “...release the Kraken...” with that silly smirk on her face.


23 posted on 03/25/2021 6:15:18 AM PDT by pingman ("I ain't in no ways tarred.." of WINNING!)
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To: IamConservative

For the last quarter century, the Democrats get half the electoral votes they need without having to lift a finger. The Republican candidate has to fight for every single EV they get.


24 posted on 03/25/2021 6:15:53 AM PDT by dfwgator (Endut! Hoch Hech!)
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To: thegagline
This story is 100% FAKE NEWS. Welcome to freerepublic and the light.

link to truth

25 posted on 03/25/2021 6:17:35 AM PDT by lwd
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To: econjack
I still think there were a lot of illegal votes in that election. At issue is not their existence, but the inability unwillingness of courts to allow anyone to prove it.

More accurate.

26 posted on 03/25/2021 6:18:05 AM PDT by KevinB (''... and to the Banana Republic for which it stands ...")
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To: DesertRhino

Thanks for the clarification. It feels like a lot of stupid people post on here these days deliberately trying to create division.


27 posted on 03/25/2021 6:18:08 AM PDT by hotsteppa
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To: Tennessee Conservative
There is some word-parsing required to "get it" and the headlines are very (intentionally) deceptive.

Powell (who btw, isn't my favorite lawyer and I view as a showboater) is saying in effect that the statement weren't defamatory but were "claims" and only after a court case with facts being presented could the veracity of such claims be adjudicated.

Such characterizations of the allegedly defamatory statements further support Defendants' position 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."

28 posted on 03/25/2021 6:18:41 AM PDT by DoodleBob (Gravity's waiting period is about 9.8 m/s^2)
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To: where's_the_Outrage?

Actually she’s quoting a defense Tucker Carlson used in the recent past.


29 posted on 03/25/2021 6:21:15 AM PDT by joesbucks
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To: where's_the_Outrage?

THANK YOU!

This is smart by Sidney Powell. “EVERYONE” said she was howling at the moon like a crazy person. “NO WAY” any of this could be true claimed almost everyone.

Therefore, what damage was really done to the plaintiff?


30 posted on 03/25/2021 6:21:45 AM PDT by LeonardFMason
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To: Sirius Lee

No reasonable person would believe she could mop floors at a McDonalds.


31 posted on 03/25/2021 6:22:17 AM PDT by joesbucks
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To: thegagline

She’s a carnie. We all saw it but some people wanted to believe her.


32 posted on 03/25/2021 6:22:27 AM PDT by AppyPappy (How many fingers am I holding up, Winston? )
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To: joesbucks

LOL


33 posted on 03/25/2021 6:24:31 AM PDT by Sirius Lee (They intend to murder us. Prep if you want to live and live like you are prepping for eternal life)
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To: thegagline

I posted this on another thread AFTER reading what Powell wrote:

“It looks to me like she is arguing no reasonable person would conclude her accusations were ALREADY PROVEN FACT, but rather conclude they were her sincerely held beliefs based on what she knew at the time that would require proving via a court battle.

Not that her accusations were so ridiculous that no reasonable person COULD believe them. Or so ridiculous that she was insane to make them. Just that they would not be accepted as factual by most people unless proven in a future court case. And thus Dominion did not suffer damage because there would be no damage to its reputation UNLESS proven in court - which she never had the chance to do.”

This is VERY different from the headline. I don’t like Sidney Powell. I strongly disagreed with her post election actions. But she did NOT write what the headline accuses her of writing.


34 posted on 03/25/2021 6:24:37 AM PDT by Mr Rogers
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To: thegagline
Having read numerous briefs submitted by Powell, it was evident that she was not to be taken seriously.

Having read this specific Powell brief and your comment, I doubt that you read the brief.

35 posted on 03/25/2021 6:25:56 AM PDT by FreeReign
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To: thegagline

Maybe I’m misreading while trying to decipher through all the snarky articles, but it sounds like she’s saying that since Dominion reps and “fact” checkers repeatedly said/implied the “No Reasonable Person” line they can’t now say that they were harmed by her statements.


36 posted on 03/25/2021 6:26:26 AM PDT by Do_Tar (To my NSA handler: I have an alibi.)
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To: thegagline

I honestly hope they bankrupt this crank. By sucking up all the oxygen, she made it more difficult to focus on the actual fraud that went on. More and more, both she and Lin Wood seem like undercover Swamp creatures.


37 posted on 03/25/2021 6:26:53 AM PDT by Antoninus (Republicans are all honorable men.)
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To: thegagline
"Plaintiffs themselves characterize the statements at issue as 'wild accusations' and 'outlandish claims,'" she notes. "They are repeatedly labelled 'inherently improbable' and even 'impossible.' Such characterizations of the allegedly defamatory statements further support Defendants' position 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."

In other words, the plaintiffs' complaint doesn't state a legal claim because, as drafted, no reasonable person would believe such statements to be true. Ergo, plaintiffs admit they suffered no damages. Powell's lawyers are twisting the plaintiffs' claims against them. She didn't admit what she said was false, far from it. This is why a person sued hires a lawyer, and doesn't just rush in to court to defend a claim on the merits, which is very expensive.
38 posted on 03/25/2021 6:27:05 AM PDT by Dr. Franklin ("A republic, if you can keep it.")
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To: DoodleBob

IMO most lawyers are showboaters and grandstanders but I like her because she is fierce and so far hasn’t backed down to the mob the way others have. I tend to believe she has the info she says she has but until she’s allowed to show it in court she’s holding on to it. Time will tell I guess. The fact that the left and the press are trying so hard to destroy her tells me a lot.


39 posted on 03/25/2021 6:30:56 AM PDT by Tennessee Conservative
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To: Tennessee Conservative

Thank you Tennessee Conservative for your post #15. Would that more people on this site would do their own research and not believe every negative story from the fake news. The lamestream media will do everything possible to destroy Sidney Powell. This answer and explanation from her attorney about how this lawsuit is being handled requires some actual time and reading comprehension to understand. That must be why so many people seem to be confused!!


40 posted on 03/25/2021 6:30:56 AM PDT by pegrae
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