Sidney Powell had a counterclaim against Dominion Voting Systems dismissed by a federal judge this week after the judge determined that Powell didn’t make any actual FACTUAL claims in her suit. Powell had been trying to say that Dominion was only suing her to stop criticism of the company, but the fact that they aren’t the ones in the media talking about the case proved that she had no evidence to back this up. Farron Cousins explains what happened.
Link – https://www.rawstory.com/sidney-powell-dominion-2658353807/
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*This transcript was auto-generated. Please excuse any typos.
Election conspiracy theorist Sidney Powell suffered yet another setback in court this week when a judge dismissed her counterclaim against Dominion Voting Systems, which of course is suing Sidney Powell for the allegedly false claims that she has been making against the company. And as usual, we have to say allegedly because yada, yada, yada, legally speaking. Gotta say it. Either way, Sidney Powell had wanted to stick it to Dominion by somehow claiming. They were trying to silence her and other critics of the company with their lawsuits against them. But us District Court Judge Carl Nichols saw right through this idiotic argument, and this is what Nichols said in his ruling, dismissing Powell’s counterclaim. Here it is, Powell must allege that dominion after filing its suit, performed some act that perverted the judicial process. But Powell’s complaint fails to link her abusive process claim to any act that dominion is taken other than filing and pursuing its lawsuit.
She has thus failed to state a claim for abuse of process. Now, what sets Sydney Powell off was that Dominion has of course asked other people who are also, you know, spreading lies about the company, uh, to issue re retractions, which is what you do before you have, uh, before you can file a defamation lawsuit, you first ask for a retraction and apology. If that does not happen, then you file defamation. Um, and so Dominion’s done that for other people. Sidney Powell apparently got wind of this and said, Oh boy, they’re trying to silence critics, so I’m gonna sue them for doing that. And the judge is like, You, you, you’re just making stuff up. What are, what are you even doing? Now? Of course he said it in slightly nicer language than that. But as you can see from what I just read, it wasn’t exactly nice.
The judge said, You failed. Like all you had to do was prove one single thing that you were alleging and you couldn’t even do that. Now here’s the weird part. Let’s not forget Sidney Powell is a lawyer, so she knows what she would have to prove in order to be able to file the claim, okay? It’s not like she’s Michael Andele who knows nothing about the law and would tell his lawyers like, Oh, counter through them for this stuff. Sidney Powell knows better, or at least she should. And she still couldn’t figure out how to do this because I think deep down she probably knew that she had a claim or didn’t have a claim, excuse me. But nickels continued. And I want to keep reading this because it’s so fun. Powell claims that both acts support talking about Dominion, telling people, Hey, stop saying these things. Retract ’em or We’re gonna sue you. Powell claims that both acts support a finding that
Dominion is using its lawsuit to suppress public criticism. But neither of these acts is improper. And both fall far short of the usual case of abuse process where there is an attempt at extortion in a manner collateral to the litigation. So basically the judge went on to say like, what dominion’s doing is literally what they’re supposed to be doing. Okay? If they had randomly just said, No, screw it. We’re not even gonna reach out about a retraction and apology. Nope. We’re just gonna straight up sue you. That would be trying to silence your critics. See, a lot of folks, especially by the way those on the right don’t quite understand how defamation lawsuits work, they’re very difficult to prove. The person who is alleging defamation has to prove the other knowingly with willful intent defamed them. Sam goes for the counter suits, basically like what Sidney Powell was trying to prove.
You can’t just say, Oh, they’re trying to silence me, so I’m suing them. You have to be able to prove that it is not on dominion in a suit like that to defend themselves. You have to prove they did. They don’t have to prove that they didn’t see how that works. It’s the same thing with defamation as well. Dominion will have to prove Powell did these things. She doesn’t have to prove that she didn’t, unless of course they prove it and then she tries to disprove it, whatever. But either way, Sidney Powell’s not having good luck, folks. Things are not going her way. In fact, nobody that’s being sued by Dominion is having things go their way.