ATTNY.  SIDNEY POWELL



ATTY.  SIDNEY POWELL SUED

$$$   DOMINION BILLION DOLLAR LAWSUIT PENDING

 
A Member Of His Supreme Team Of Morons  — Giuliani Dumps Sidney Powell  —
Making lawyers look like bigger idiots than they really are, those idiots, getting paid by T-RUMP for false misleading fraud cases dumped on the judicial system backfired dropping his incredulous lawsuits and dropping him faster than the Judges can throw them out of court making T-RUMP look stupider than T-RUMP really is… ( debatable as he really is quite stupid, but Rudy’s tunes really shine as bad music…)  

Those lawyers who jumped on the money T-RUMP is pleading for, ( I hope his supporters would give that money to food banks instead of this fools errand) people are starving and these jerkoffs and screwballs wasted millions that could feed starving Americans


After taking on Rudy Giuliani’s literal meltdown last week, Seth Meyers moved on to the “ Craziest addition” to President Donald Trump’s legal team on Monday:  Sidney Powell. “And if you thought Rudy was bonkers, this lady is crazier than a cereal mascot,” the Late Night host joked.

My SIDEBAR:  The face that launched a thousand ships refers to Helen of Troy, describing the fact that a massive war was mounted on her behalf. …  I believe I said at one point,  “She was the face that launched a thousand slips”  

Before her newest turn in the spotlight, Powell was perhaps best known for making appearances on Fox News that were “too insane even for Lou Dobbs,” who once attempted to fact-check her wild allegations about supposedly diseased immigrants during a live interview.


Too Insane for Lou Dobbs? 
—  Meyers proceeded to break down Powell’s bizarre conspiracy theories that somehow link late Venezuelan president Hugo Chavez to the Republican governor of Georgia. “And yet curiously, she kept refusing to provide evidence of this vast scheme when pressed,” he said, “even by friendly Fox News hosts who were basically desperate to agree with her as long as she could provide a shred of evidence.” 

Among those Fox hosts was Tucker Carlson?  —    Who explained to viewers last week that Powell, who is also an avowed QAnon conspiracy theorist, told him to stop contacting her after he requested evidence for her outlandish claims. “Wow, you know you’re in full loony territory when even Tucker Carlson won’t go along with what you’re selling.”

Ultimately, Powell was deemed “ too insane” (Meyers’ words) for the T-RUMP campaign itself,  “It’s both insane that they’re trying to pretend that she was never part of the legal team when she was literally standing at an official T-RUMP press conference,” Meyers said, “and also believable that someone could wander into a T-RUMP press conference and say they’re his lawyer.”

Sidebar:   I Call It Anal-Liezed —  
Great Analysis By Jennifer Rodgers, who is a former federal prosecutor, Adjunct Professor of Clinical Law at NYU School of Law, Lecturer-in-Law at Columbia Law School, and a CNN legal analyst. The opinions expressed here are her own.  My comments too rude to print here since they are not nice about this wacko who belongs in a psychiatric facility.   My snide comments in red…


(CNN)  
Sidney Powell, the former T-RUMP lawyer who famously threatened to “ Release the Kraken" in her quest to overturn the results of the 2020 election, has now formally responded to Dominion Voting Systems' $1.3 billion defamation lawsuit against her in a way that may surprise some who have followed Powell and her longstanding and vehement commitment to conspiracy theories. 

Dominion’s legal claim is straightforward: it claims that Powell made numerous statements in the post-election period about the company and its voting machines that were false, that Powell knew were false, and that harmed the company to the tune of hundreds of millions of dollars. 

There are multiple ways to defend against a defamation lawsuit. The simplest defense is that the allegedly defamatory statements are actually true, and it would not have been a stretch to think that Powell -- given her alignment with former President Trump, who still has not admitted that he lost the election -- might continue to insist that Dominion's voting machines fraudulently changed Donald Trump votes into Joe Biden votes. 

Facing a billion-dollar lawsuit apparently clarifies one's priorities, however. As Powell and her lawyers should know, there can be little question that Powell's statements about Dominion were false, because they were and are entirely unsupported by any evidence. 

Powell makes no attempt to support the statements with evidence in this legal filing, nor did she or others working on behalf of the Trump campaign provide any such plausible evidence during the 60-plus court cases brought in connection with the election. 

Given this utter lack of evidence, Powell was wise to change course. Unfortunately, her new argument won't fare much better; instead of claiming that her statements were actually true, Powell now argues that she did not defame Dominion because her statements were not factual in nature at all, but instead were merely her opinions.

Indeed, Powell goes so far as to say that "reasonable people would not accept such statements as true but (would) view them only as claims that await testing by the courts through the adversary process." 

This revisionist history not only is a transparent attempt to avoid the consequences of her actions, but as a legal matter is flat wrong. Opinions are not actionable as defamation because they are statements that are not legally provable or disprovable with evidence. 

Statements like "President Trump was the better candidate," or "I don't trust voting machines" express opinions. Statements that "up to 7 million votes were switched from President Donald Trump to Biden via rigged election software," or that Dominion is tied to former Venezuelan strongman Hugo Chavez, on the other hand, are factual in nature because they are capable of being proven or disproven with evidence. Factual statements, when false and when made with knowledge or recklessness as to their falsity, can be the basis for a defamation claim. 

Powell was even put on notice that her statements were contrary to all available evidence and were considered by Dominion to be defamatory when Dominion sent Powell a "cease and desist" letter in December, demanding a public retraction. 

Powell did not retract her statements; in fact she made additional claims about having evidence of fraud even though courts had already rejected her lawsuits for, among other reasons, failing to provide any evidence of fraud. This underscores yet again the fallacy of Powell's defense here: a claim for which evidence can exist to prove or disprove the claim is not, by its nature, an opinion at all. 

There is little question about what Powell and certain of her colleagues were trying to do by spreading these lies. They were not, as Powell now claims, merely offering their own opinions about what may have happened during the 2020 election, and they were not just previewing legitimate lawsuits that had been filed. They were doing everything in their power to convince Trump's supporters that the election was stolen from him through fraud.

They created and fed the big lie. The big lie harmed Dominion and others who were the subjects of false statements, damaged voters’ confidence in our government and electoral systems, and motivated thousands of Trump supporters to come to the Capitol on January 6 where hundreds of them engaged in a violent insurrection. 

This -- not the mythical Kraken -- is what Powell and her cohorts helped unleash. And if this latest filing is any indication, at least as far as harm to Dominion Voting Systems is concerned, it looks like Powell may actually be held accountable.


Others Read The Tea Leaves  —  Sidney Powell, President Donald Trump’s former lawyer, filed an eye-popping brief this week that could potentially doom her chances of dismissing a $1.3 billion defamation suit and provide ammunition in a separate lawsuit seeking her disbarment.

Powell, who repeatedly pressed unfounded claims of voter fraud on the airwaves and in court, now says that "reasonable" people would not accept her statements as "fact" because the legal process hadn't yet played out.  It was a stunning admission from a woman who served for a time as one of Trump’s top legal lieutenants. 

T-RUMP and Giuliani both deny this… and she had just joined the band but doesn’t know the tunes… and Giuliani had a hemorrhage being downplayed by her appearance and then her remarks which have the shrinks scratching their heads.

It could also put her in real legal jeopardy as she fights the defamation suit brought by Dominion Voting Systems -- a manufacturer that provides election equipment used by more than 40% of US voters -- as well as a motion for sanctions in Michigan as a part of a case she brought there alleging election fraud. 

Sidney Powell Argues In New Court Filing That No Reasonable People Would Believe Her Election Fraud Claims But The Reptilian Base are Not Normal Reasonable People and Putting it Simply, They Believe All The Bullsh*t…


🗣  First Amendment expert Ted Boutrous of Gibson Dunn said that the legal implications for Powell could be dire. 

"The First Amendment provides strong protections for statements of opinion," he said. "But what Dominion is pointing to is the fact that Ms. Powell was declaring that she had evidence of this fraud and this election malfeasance and she was declaring that as a matter of fact."   "The First Amendment doesn't protect knowingly false statements of fact," Boutrous added. 

👄  In the two cases, both still pending, her lawyers appear to contradict each other. In the defamation case filed by Dominion, her lawyers claim in a motion to dismiss that what Powell said about voting issues could not reasonably be established as fact at the time she said it. In the Michigan case her lawyer calls allegations that she lied "outrageous" and "entirely unacceptable." 

🗣  "It's official, Sidney Powell is a massive fraud -- that's according to Sidney Powell herself," CNN legal analyst Elie Honig said about the new filing.   Powell responded to reports in a statement issued Wednesday. "The #FakeNews is lying to everyone about our filing" in the Dominion case. 

👄  Powell attorney Howard Kleinhendler issued a further comment about the Dominion lawsuit. "First, let me be clear: any suggestion that 'no reasonable person' would believe Ms. Powell or her comments on the election is false," he said. "The language these reports referred to is a legal standard adopted by the courts to determine whether statements qualify as opinions which are exempt from defamation liability."

Dominion detailed comments that Powell made at press conferences, a political rally and media appearances after she claimed that Dominion had rigged the election. 

The company points to claims made by Powell that Dominion manipulated votes, that the company and its software were created in Venezuela to rig elections for Hugo Chavez and that Dominion bribed Georgia's governor and secretary of state for a no-bid contract in Georgia. 

"As a result of the defamatory falsehoods peddled by Powell -- in concert with like- minded allies and media outlets who were determined to promote a false preconceived narrative -- Dominion's founder, Dominion's employees, Georgia's governor, and Georgia's secretary of state have been harassed and have received death threats, and Dominion has suffered enormous harm," the lawyers wrote in the case filed in the US District Court for the District of Columbia. 

"Dominion brings this action to set the record straight, to vindicate the company's rights under civil law, to recover compensatory damages, to seek a narrowly tailored injunction, and to stand up for itself and its employees," the company said.   

👄  In response, Powell's lawyers pointed to statements she made at a Georgia political rally as an example of hyperbole. 

"She claimed that she had evidence that the election result was the 'greatest crime of the century if not the life of the world,'" they wrote. 

"It is a likewise well recognized principle that political statements are inherently prone to exaggeration and hyperbole," the filing states. And then they added this statement: "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." 

The judge overseeing Dominion's defamation suit in Washington is still looking at early questions about whether the lawsuit should continue in his court and whether Powell can be sued and isn't yet considering the legitimacy of Dominion's allegations that Powell knowingly spread falsehoods about the company. 

SIDEBAR:   Dominion has also sued, separately, T-RUMP personal attorney Rudy Giuliani and MyPillow CEO Mike Lindell with similar claims about their public assertions of election fraud after November. Giuliani and Lindell are set to given their initial responses in court next month.


🗣  The initial court filing statement stunned David Fink, a lawyer who is asking a federal judge in Michigan on behalf of the city of Detroit to sanction Powell and others for not telling the truth.   Fink wants to "deter future misconduct" and bar Powell from practicing law. He pointed to a federal rule that allows courts to impose sanctions on attorneys who make representations to the court that lack evidentiary support. 

"When I read the brief in that case I was shocked that Sidney Powell's lawyers would admit that no reasonable person would believe the very allegations that she asserted in federal court," Fink said. 

"Those misrepresentations are the reason we are asking the federal court to sanction her," Fink added. “ Powell shows a startling contempt for the basic ethical obligations of our profession, a lawyer incapable of speaking the truth in court filings should surrender her bar card."   

Fink is not sure if he needs to or will bring the defamation filing to the attention of Michigan's judge who serves on the US District Court for the Eastern District of Michigan.  Already he had argued that if sanctions against Powell are not deserved in his case "it is hard to imagine a case where they would be." 

Powell's co-counsel in the Michigan case, Stefanie Lambert Junttila, called the request for sanctions "baseless" in court papers.   Rule 11, the federal rule at issue, "is not intended to chill an attorney's enthusiasm or creativity in pursuing factual or legal theories" she wrote, and urged the court to "avoid using the wisdom of hindsight." 


🗣  Stephen , a professor of legal ethics at NYU Law, said that Powell is now in a “difficult position."  “Even opinions can be defamatory if they imply facts that are false and Powell knew it or recklessly disregarded the truth or falsity of the implied facts," he said.  "Her problem is that her defense in the defamation case is going to sink her in the Michigan case," he said. 

🗣  Dana Nessel, Michigan's attorney general, and a Democrat, told CNN Tuesday night that Powell's statements and the lawsuits she filed were meant to undermine the election.  “The damage that this individual, this woman had done and her cohorts who filed these cases along with her," she said, "is untold."  "And who knows how or when this damage can possibly be undone," Nessel added.


Michigan Wants Powells License to Practice Law rescinded  —  Detroit officials want former Trump campaign lawyer Sidney Powell to lose her license to practice law in Michigan as punishment for pursuing far-fetched litigation to overturn Joe Biden’s victory in the presidential election.

Powell is the highest-profile leader of a group of lawyers behind the “Kraken,” her reference to the mythical sea monster, that she promised would be unleashed in the courts and prove that Biden beat incumbent Donald Trump only because Democrats engaged in a massive fraud. Powell’s suit in Michigan was knowingly based on lies and is so frivolous that the group behind it requires the harshest penalty, Detroit said Tuesday in a court filing.

“This lawsuit, and the lawsuits filed in the other states, are not just damaging to our democratic experiment, they are also deeply corrosive to the judicial process itself,” lawyers for the city said in a request to U.S. District Judge Linda V. Parker to refer Powell for state bar disciplinary proceedings in Michigan and her home state of Texas.

Parker last month rejected an attempt by Powell and her fellow attorneys to decertify Michigan’s election results. Powell and the group let a three-week period to withdraw their suit lapse. Detroit argues that’s because it’s taken on a new life supporting arguments for Congress to reject Michigan’s electors on Jan. 6. The Detroit lawyers say Trump repeated the false claims in the Michigan lawsuit in his Saturday phone call with Georgia Secretary of State Brad Raffensperger, asking him to “find” just enough votes to overturn Biden’s win.

Detroit says Powell and her group, which includes Georgia lawyer L. Lin Wood, should be fined for the amounts of money they collected in their fundraising campaigns challenging the election outcome, as well as the fees and costs Detroit and Michigan have spent defending the case.

The group has “shown a shocking willingness to say anything to overturn the results of this election,” David Fink, a lawyer representing Detroit, wrote in an email.
It is not OK to misrepresent the facts, and it is not OK to file frivolous claims,” Fink added. “When lawyers abuse the judicial system they should pay a price, and when their behavior is this extreme they should not be allowed to practice in our courts.”

Powell didn’t immediately respond to email and phone messages call seeking comment. Wood didn’t immediately respond to an email seeking comment.  Trump met with Powell at the White House last month and discussed naming her as a special counsel to investigate allegations of voter fraud, according to people familiar with the matter. She is no longer associated with Trump’s legal team.   The case is King v. Whitmer, 20-cv-13134, U.S. District Court, Eastern District of Michigan (Detroit).

06/04/2021   aljacobsladder.com