Tuesday, March 23, 2021

Only in America

In a motion to dismiss a complaint by the large US-based voting machine company Dominion, lawyers for Sidney Powell argued that elaborate conspiracies she laid out on television and radio last November while simultaneously suing to overturn election results in four states constituted legally protected first amendment speech.

“No reasonable person would conclude that the statements were truly statements of fact,” argued lawyers for Powell, a former federal prosecutor from Texas who caught Trump’s attention through her involvement in the defense of former national security adviser Michael Flynn.

  Guardian
Sort of the insanity plea in reverse. My client isn't nuts, you are. 

A similar defense was made on behalf of Tucker Carlson. It worked, so I guess we'll be seeing this attempt more often in the future.
Powell falsely stated on television and in legal briefs that Dominion machines ran on technology that could switch votes away from Trump, technology she said had been invented in Venezuela to help steal elections for the late Hugo Chávez.

Those lies were built on empty claims that apparently originated in anonymous comments on a pro-Trump blog, only to be amplified on a global scale by Trump himself in a 12 November tweet in which he wrote in part “REPORT: DOMINION DELETED 2.7 MILLION TRUMP VOTES NATIONWIDE.”

Citing lost business and reputational damage, Dominion filed a $1.3bn defamation lawsuit against Powell and her colleague on Trump’s legal team, Rudy Giuliani. A Dominion employee separately sued the Trump campaign after receiving death threats.
I look forward to Rudy using the same defense.
“It was clear to reasonable persons that Powell’s claims were her opinions and legal theories on a matter of utmost public concern,” her legal motion says. “Those members of the public who were interested in the controversy were free to, and did, review that evidence and reached their own conclusions – or awaited resolution of the matter by the courts before making up their minds.”
I wonder if they're going to have to argue that Trump supporters are not "reasonable" people, and therefore shouldn't be considered for purposes of the lawsuit.

...but hey, do what you want...you will anyway.

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