Dominion Voting Systems yesterday filed a defamation lawsuit in the US District Court for DC against Kraken’s attorney Sidney Powell. He called for $ 1.3 billion in damages for false information that damaged the company’s reputation and put its employees in physical danger, to ensure we publicly litigate the 2020 election result for the foreseeable future.
On the positive side, we can finally stop litigating the 2016 elections, so … silver lining!
“During a press conference in Washington, DC, a political rally in Georgia, and a media flash, Powell falsely claimed that Dominion rigged the elections, Dominion was founded in Venezuela to rig elections for Hugo Chavez, and Dominion bribed Georgian officials to No- Bid contract “, begins the complaint. All of these statements are proven to be false, as are many other claims Powell has made out of court.
For example, an exhibit included in the Georgia Kraken suit is said to be an undated and unsigned Certificate of Conformity for Dominion machines. In fact, the date and signature were simply cut out of the picture Powell presented to the court.
The complaint describes Powell’s “experts” as “a motley crew of conspiracy theorists, conspirators, armchair experts” and anonymous sources who have been judged to be “completely unreliable” by the courts, and accuses Powell of deliberately bringing this fact to justice and public.
One of Powell’s completely unreliable sources was an alleged “military intelligence expert” who has now admitted that he never really worked in military intelligence, that the statement Powell’s employees wrote for him is “misleading” and that he “Tried to withdraw” on it. After being discredited, Powell turned around to present his statement as having been drawn up by another anonymous source.
That would be the infamous “spider” Powell described as a seasoned hacker with extensive experience in military intelligence, whose identity had to be edited by the opposing attorney in order to protect his life and safety. In fact, he was a mechanic who was washed out of the military years ago. Sidney Powell is also bad at EDITORIAL.
Similarly, Powell made repeated claims, both personally and through another anonymous “witness,” which blurred the distinction between Dominion and its direct competitor Smartmatic, and claimed that Smartmatic software was “in the DNA” of any voting device. As if the anthropomorphization of computer code were a logical explanation for turning the two competing companies into an election giant.
All of this suggests, according to the complaint, that Powell knew her allegations were false and purposely hid the evidence of that falsehood from court and the public as she continued to accuse Dominion of conspiring with Biden’s supporters to contest the election to steal.
In addition, the company claims it continued to knowingly make these false claims as part of a program to self-enrich and raise its profile through book sales and donations to its “charity,” Defending the Republic, a co-defendant in this case, theirs Non-accused profit status is, um, unclear.
Powell has been soliciting donations to Defending the Republic since November, though it apparently wasn’t accepted until December and despite its undefined IRS status.
As extensively asserted above, Powell deliberately made her in the course of her business as a media figure, writer, and attorney, even though she knew her defamatory lies about Dominion were misleading because she could infer both direct and actual – and indeed inferred indirect financial benefits these false statements. For example, she used her defamatory lies about Dominion to raise funds for her fundraising website. She also used the defamatory allegations to attract media attention and raise her public profile. This has sold additional copies of her book and attracted additional potential customers for Powell.
Dominion’s reputational damage is evident to anyone who has watched Fox News in the past two months.
Likewise, it had to spend hundreds of thousands of dollars on extra security after receiving multiple threats like this voicemail.
They’re all damn dead. They’re all damn dead. We’re bringing the firing squad back and you fuckers are all dead, everyone is against the wall, you assholes. We’re going to run a fucking lottery to give people a chance to shoot you, you fucking wait, you cocksucker, you cumming. We’re going to kill you all, you asshole. After a fair trial, of course, you pieces of shit. The Americans are fucking coming for you. This is the end of your goddamn line. Folks, your fucking days are numbered. You better enjoy your Thanksgiving day because you’ll never see one you fucking got cocksuckers again. You will be gone soon.
It’s highly unlikely that Powell can make Dominion the whole thing with a ten-figure payout, even if that could prove that she knowingly defamed the company. But the publicity from the suit itself can help improve the public record and restore Dominion’s ragged reputation.
Powell’s attorney, the infamous Lin Wood, was booted from Twitter over aggravated brawl. But Powell himself seems hot on this case.
complaint [US Dominion Inc v. Sidney Powell, No. 1:21-cv-00040 (D. D. C. Jan. 8, 2021)]
Elizabeth Dye lives in Baltimore, where she writes on law and politics.