In a 44-page denial of a motion to dismiss defamation suits filed by a trio of election fraud allegers, a federal judge gave a green light to Dominion Voting Machines to continue its lawsuits against Rudy Giuliani, Sidney Powell, and My Pillow CEO Mike Lindell. Using comments such as “This... Read More »
Voting Machine Company Files $1.3 Billion Defamation Suit Against Trump Campaign Attorney
In a 124-page complaint filled with photos of Tweets and transcripts of broadcast interviews, Dominion Voting Systems has sued former Trump campaign attorney Sidney Powell for defamation due to her frequent and lengthy diatribes against the company for allegedly rigging the November election in favor of President-Elect Joe Biden.
Dominion explains it brings the action, “to set the record straight, to vindicate the company’s rights under civil law, to recover compensatory and punitive damages, to seek a narrowly tailored injunction, and to stand up for itself and its employees.”
It states that Powell’s actions and the extensive media and social media accounts from believers who republished them have caused enormous harm to dominion’s reputation and finances and have put its employees' lives in danger. Future contracts for voting machine purchases have also been jeopardized.
Citing several of Powell’s remarks, Dominion stated that there are “mountains of evidence” that Powell defamed the company during press conferences, political rallies and a media blitz. Among other falsities, she claimed the company was established in Venezuela for the purpose of rigging elections for Hugo Chavez. Another is that it had fixed elections and bribed Georgia officials.
The complaint, which was filed in the United States District Court for the District of Columbia on January 8, states that “Powell’s wild accusations are demonstrably false.” It provides a history of the company which was founded in Toronto, not Venezuela, and is now based in Denver and is certified by the U.S. Election Assistance Commission. It states that its fully auditable operations “provide mountains of direct evidence that conclusively disprove Powell’s vote manipulation claims against Dominion.”
For example, after Powell falsely accused Georgia of manipulating election results, ballots were recounted by a hand audit and their accuracy affirmed. Powell then tried to discredit the Georgia Republicans who were in charge of the recount by accusing them of paying kickbacks in return for a no-bid contract, despite any evidence and proof of a competitive bid process. Similar defamatory claims were made and discredited in Michigan and Arizona.
Powell’s so-called evidence, it stated, was made up of “declarations from a motley crew of conspiracy theorists, con artists, armchair “experts,” and anonymous sources who were judicially determined to be “wholly unreliable.”
Powell’s accusations, the complaint claims, have incited harassment and death threats targeting Dominion, its employees, and Georgia officials. When Dominion confronted Powell about these issues and asked for retractions, she instead “doubled down” and Tweeted, “They are #fraud masters!”
Bloomberg News quoted remarks by Dominion’s Chief Executive Officer John Poulos during a virtual press call on the day of the filing. He said, “It’s very easy to say something on Twitter without evidence. It is another thing to have to come forward in a court of law and identify your basis for making these statements.”
The complaint states that Powell began her false and defamatory claims early. On election day, during an interview on One America News Network, she said that Democrats were “trying to steal the vote” from Trump and that “they ha(d) developed a computer system to alter votes electronically.”
Just a few days after the election, it alleges, Powell created a website named “defendingtherepublic.org” that she began using to raise funds to halt ballot certification in five swing states. She is now using portions of the funds raised for her own legal defense.
In subsequent interviews on Newsmax, she claimed to have a video of Dominion’s founder publicly admitting he “can change a million votes.” No such video was ever produced because it does not exist. Even Fox News’ Tucker Carlson called her out for her false promises. Trump, however, endorsed her false accusations in Tweets.
After several weeks and objections from some Republicans, on November 22, the Trump Campaign disavowed Powell’s affiliation with them. Her libelous comments, however, continued. Powell and her associate L. Lin Wood filed lawsuits in Georgia and Michigan alleging massive election fraud. Several “Stop the Steal” rallies, Tweets and media appearances followed, even though Powell’s allegations were discredited by the Department of Justice.
The complaint also alleges that Powell doctored evidence and put forth conspiracy theorists and con artists as witnesses while disregarding hard evidence and reliable witnesses. It alleges that Powell’s false election claims could be linked to the January 6 violence against the U.S. Capitol.
For 50 pages, the complaint alleges, details and provides transcripts of defamation per se as a result of scores of public accusations that were made and repeated in both traditional and social media. The first count of the complaint identifies Dominion by name and contains words and accusations that are damaging to the company’s reputation.
In its second count, the complaint alleges that Powell’s false and defamatory statements constitute deceptive trade practices in violation of Georgia law for disparaging Dominion’s machines through false and misleading statements. It states that Powell received financial benefits from her appearances.
In its conclusion, Dominion asks for compensatory damages of no less than $651,735,000; punitive damages of not less than that same amount; and all expenses and costs including attorneys’ fees. It also asks for a permanent injunction from further statements by defendants about Dominion.
A jury trial was also requested.
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