Law Review: Fox News, Sidney Powell and Rudy Giuliani going down
Unless you have been living in a cave, you are aware of “the Big Lie.” Trump and his followers continuing claims that he won the presidential election “by a landslide” and that Biden “stole the election.” According to polls, a majority of Republicans believe the Big Lie.
Trump and his cronies have filed over 50 lawsuits challenging the presidential election and they have lost every single one, even a ruling from the U.S. Supreme Court.
BASELESS ELECTION FRAUD CLAIMS
Part of the Big Lie is that two companies that make vote counting machines rigged the election against Trump. The claims are absolutely unfounded, totally untrue, but they are made over and over by Trump’s people, Trump himself being too slippery and clever to make the election fraud claims about the voting machines himself.
But that didn’t stop Trump’s lawyers Rudy Giuliani and Sidney Powell from making election machine fraud claims to anyone who would listen. As did the MyPillow guy Mike Lindell and former Overstock CEO Patrick Byrne.
The victims of the defamatory statements are Dominion Voting Systems and Smartmatic – two different companies who did nothing wrong, certainly not fraud.
ELEVEN DEFAMATION LAWSUITS
Dominion and Smartmatic have together filed over eleven defamation lawsuits concerning the baseless election fraud claims about their voting machines. Giuliani was quoted saying the lawsuits against him were “another act of intimidation by the hate-filled left-wing” and Lindell said he “welcomed” Dominion’s lawsuit, adding, “Dominion, please sue me.” Be careful what you wish for Lindell – pillow brain.
The lawsuits are seeking billions of dollars in damages.
For elevating the false charges, Fox News was sued by Dominion for $1.6 million. Smartmatic also sued One America News Network which is even further to the right than Fox News, and for that matter, Atilla the Hun.
GOING DOWN, DOWN, DOWN
Dominion’s and Smartmatic’s lawsuits are winding their way through the courts.
A Delaware trial judge wrote regarding the Fox suit, “at this stage, it is reasonably conceivable that Dominion has a claim for defamation per se.” A federal judge recently denied Powell’s motion to dismiss the case in August.
A U.S. district judge just ruled that lawsuits Dominion filed against Giuliani, MyPillow Lindell can move forward.
A New York Supreme Court justice ruled Smartmatic’s $2.7 million lawsuit against Fox News can move forward as well as its claims against anchors Lou Dobbs and Maria Bartiremo.
The defendants have remained defiant claiming the lawsuits are “a full-blown assault on the First Amendment.” Sorry folks but the First Amendment doesn’t protect against known fraudulent statements or those made with “reckless disregard for the truth.”
In light of the overwhelming evidence that the voting machines were not rigged, which all of the named defendants knew, I am putting my money on Dominion and Smartmatic.
Jim Porter is an attorney with Porter Simon licensed in California and Nevada, with offices in Truckee and Tahoe City, California, and Reno, Nevada. Jim’s practice areas include: real estate, development, construction, business, HOAs, contracts, personal injury, accidents, mediation and other transactional matters. He may be reached at firstname.lastname@example.org or http://www.portersimon.com
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