Posted on 10/03/2022 1:35:37 PM PDT by JSM_Liberty
Dominion Voting Systems’ defamation lawsuit against MyPillow CEO Mike Lindell can move forward after the Supreme Court on Monday declined to consider Lindell’s attempt to block the case. No vote count was made public. Justice Ketanji Brown Jackson did not take part in consideration of the case.
Dominion is seeking $1.3 billion in damages, claiming it was harmed by unfounded statements from Lindell and other allies of former President Donald Trump that Dominion rigged its machines in favor of Joe Biden in the 2020 presidential election.
Lindell has denied any wrongdoing. Lindell was appealing a lower court ruling that previously said Dominion lawsuit could proceed. In that ruling, Judge Carl Nichols wrote that “in addition to alleging that Lindell’s claims are inherently improbable, that his sources are unreliable, and that he has failed to acknowledge the validity of countervailing evidence, Dominion has alleged numerous instances in which Lindell told audiences to purchase MyPillow products after making his claims of election fraud and providing MyPillow promotional codes related to those theories.” The company “has adequately alleged that Lindell made his claims knowing that they were false or with reckless disregard for the truth,” Nichols wrote.
(Excerpt) Read more at cnn.com ...
Discovery - Is it reasonably calculated to lead to discoverable evidence? If the truth is at issue as an affirmative defense, and the electronic evidence and the other video and other evidence is relevant to the truth or falsity of the honesty of the election, then it should be allowed in discovery.
So Mike should be allowed to have his experts testify as they have in other fora, and Mike should be allowed to inquire of Dominion about any relevant evidence that supports or contradicts that testimony. The Dominion witnesses should also have to support their testimony with back up data to show that they are well-based in fact.
If they claim confidentiality, there are ways for protective orders to still permit discovery. If there is a refusal to provide the data, then the court may determine that the information would have been supportive of Mike’s evidence, and rule accordingly.
The problem for Mike is his costs and time and he will need assistance.
Dominion will possibly get assistance by back-channels from the FIB, through the public disclosure of their subpoenaed records...or other Shananigans.
The Deep State will assist Dominion - who will help Mike?
fingers crossed
The MSM repeatedly made claims about Trump without evidence, (even "won" Pulitzer Prizes,) and they just fall back on freedom of speech.
This will be a difficult case for Dominion to prove, but they will do damage with lawfare.
Not easy to win in kangaroo courts of today. Judge will likely tell Mike he can 't plead innocent.
I hope Mike uses Johnny Depp’s Lawyers and not Amber’s. :)
The courts are obviously stacked In favor of dominion. They’ll make sure that any Evidence of dominion’s rigged machines is quashed and not admissible.
I hope Mike has a really good lawyer and a really deep wallet Because it looks like the fix is in..
“Dominion will possibly get assistance by back-channels from the FIB”
Why do think the FBI took Mikes phone?
Why do you think the FBI took Mikes phone?
This is actually good news.
Great advice!
What if they use Dominion machines to tally the Judge’s votes?
In a shocking decision, the court rules 19 - 0 in favor of Dominion on this 7 panel court.
If he had any form of legitimate evidence, then it couldn’t have been reckless. Could have been wrong, but that’s not reckless.
There is no right to free speech in a private setting. One can certainly hold an opinion, but in a private setting it is often prudent to keep it held.
“Not easy to win in kangaroo courts of today. Judge will likely tell Mike he can ‘t plead innocent.”
Mike Lindell is the defendant; he doesn’t have to say squat. Dominion is the plaintiff, and it has the burden of proof.
Justice Ketanji Brown Jackson -— I guess she was chosen so black supremacists from Yorba Linda would know she is black without seeing a picture.
Mike has to answer the claims. If he doesn't, Dominion will win by default. In his answer, he will deny everything contained in Dominion's complaint. Unless the judge decides there is nothing in Dominion's complaint that would justify moving the case forward, which is highly unlikely, discovery will begin and Mike will need to start producing information that refutes Dominion's claims. He doesn't have the option of doing nothing.
“Defamation is hard to prove in a court. Aside from saying something false, there has to be some kind of intent to damage the other party.
Hard to prove? That sentiment is a complete fiction devised by lawyers and it did not fly back in the day when dueling was legal.
Intent to damage???? The sense of the words will expose what the intent was. The duelers did not have to have lawyers and psychologists to explain it to them.
Ph no they have Mike trapped right where he wants them.
Dominion Voting Systems....DVS.....DEVIOUS!! WHO WOULD EVER BELIEVE they were HONEST?? DEMOCRATS BELIEVE they are HONEST!! LOL!!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.