Attorney Sidney Powell moved to have the lawsuit filed against her by Dominion Voting Systems dismissed on Monday.
The high-profile former federal prosecutor, who defended former Lt. Gen. Michael Flynn before allying herself with former President Donald Trump in election challenge lawsuits that were roundly met with failure, submitted a filing in federal court in Washington, D.C., more than two and a half months after the voting technology firm sued her for defamation in a $1.3 billion lawsuit.
In seeking a dismissal, Powell argued the lawsuit was filed in the wrong jurisdiction and insisted that her claims of a rigged election, facilitated by Dominion equipment, were protected speech.
“In light of all the circumstances surrounding the statements, their context, and the availability of the facts on which the statements were based, it was clear to reasonable persons that Powell’s claims were her opinions and legal theories on a matter of utmost public concern,” the filing said. “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.”
MIKE LINDELL RESPONDS TO BILLION-DOLLAR LAWSUIT FROM DOMINION WITH TWO COUNTERSUITS OF HIS OWN
“Even assuming, arguendo, that each of the statements alleged in the complaint could be proved true or false, no reasonable person would conclude that the statements were truly statements of fact,” the request added.
In the months after the November election, which President Biden won, Powell hit the airwaves and filed litigation claiming that foreign agents were able to infiltrate Dominion voting machines in order to turn the election against Trump.
“I can hardly wait to put forth all the evidence we have collected on Dominion,” she said in a November interview with then-Fox Business host Lou Dobbs, “starting with the fact that it was created to produce altered voting results in Venezuela for Hugo Chavez and then shipped internationally to manipulate votes for purchase in other countries, including this one.”
Release the Kraken: @SidneyPowell1 vows to expose the Silicon Valley and left-wing corporations that are using their power to help Democrats steal the election from @realDonaldTrump. #MAGA #AmericaFirst #Dobbs pic.twitter.com/EPJSfUZqM2
— Lou Dobbs (@LouDobbs) November 13, 2020
“Powell’s wild accusations are demonstrably false. … The viral disinformation campaign has irreparably damaged Dominion’s reputation,” Dominion’s filing with the U.S. District Court for the District of Columbia said. “Dominion brings this 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.”
Powell’s motion to dismiss also argued that Dominion’s lawsuit should not have been filed in Washington, D.C., and requested that if the lawsuit did continue that it be transferred to Texas, where Powell lives, if the case is not dismissed.
“It is public knowledge that this docket is backlogged, congested, and overwhelmed,” the filing said.
CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER
Dominion also filed a $1.3 billion suit against former Trump personal lawyer Rudy Giuliani and a $1 billion suit against MyPillow CEO Mike Lindell.
Dominion Voting Systems did not immediately respond to the Washington Examiner’s request for comment on Powell’s filing.
