MyPillow CEO Mike Lindell's legal team, which includes Alan Dershowitz, is trying to get the defamation suit against Mike Lindell from Dominion Voting Systems appealed before it even has the chance to go to trial. His lawyers are arguing that there is no "actual malice" in the case, and that Dominion was acting as an extension of the government - making defamation much harder to prove. Legally speaking, they might actually have a chance with this argument, as Farron Cousins explains.
Link - https://www.law.com/nationallawjournal/2021/08/24/after-losing-bid-to-toss-dominion-defamation-case-my-pillow-lawyers-eye-appeal/?slreturn=20210725133912
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*This transcript was auto-generated. Please excuse any typos.
MyPillow CEO, Mike Lindell's legal team, which by the way, does include Alan Dershowitz has actually filed a motion to try to appeal his defamation case. The one he is been hit with by dominion voting systems for $1.3 billion, they're trying to appeal the case before it ever even goes to trial. And this of course is a result of their recent motion to dismiss, which was itself actually dismissed. So the case is moving forward, it's supposed to go to trial, but his lawyers who I know you disagree with Alan Dershowitz on just about everything, but he's still a pretty good attorney along with a, the other attorney. He has, uh, Nathan Lewin who argues cases in front of the Supreme court. So Dershowitz, uh, not Dershowitz, excuse me. Lynn Dell did get himself a very good legal team. And honestly the argument that they've put together, it's pretty strong one.
You know, I, I don't want to act like I'm siding with Michael and Dell, cause I'm not, but let me just read what their motion to automatically appeal the case says, um, the complaint fails to allege any personal statement or act by Michael Lindell, showing that he knew his allegations concerning dominion were false or that he recklessly disregarded the truth of his allegations and B the robust public debates surrounding the subject. Matter of Lindale statements, affords him the constitutional protection and bars, any interference that he spoke with [inaudible] malice. And what they also argue in this motion is that because dominion was, uh, performing an action given to them a duty by the government that they have are in fact, a government entity, which makes defamation exceptionally difficult to prove. Now you may think, okay, but dominion is not the government. So obviously this argument can't stand right wrong.
We have already seen a similar situation play itself out over in Arizona zona. Remember I talked about this. Lawyers were able to successfully argue that cyber ninjas conducting the Arizona ballot audit because they were performing an action given to them a duty by the government of the state. They were therefore acting as a government entity. And therefore we're also subject to public records requests. And the judges, I think two of them two separate times agreed with the lawyers that yes, because you're performing a duty given to you by the government. You are in fact in this capacity working as the government.
So that's any strong argument, whether you agree with it or disagree, I disagree with it personally. Sure. But Lindell's lawyers know the law and if they are successful here, this basically could lead to the entire dismissal of the defamation suit against Mike Lindell. And of course, if that is successful, it could also mean the end of the lawsuits against Sidney Powell, the end of the lawsuits against Fox news, basically against everybody. If they're able to prove that dominion was in fact acting as a government agency. And of course that there was no actual malice inland Dell's claims. Now there's the tricky part. That's why this case is not going away. That easily actual malice basically means the person knew this was false and moved forward with it. Anyway. Now to me, that seems fairly easy to prove, right? Mike Lindell has never actually had any evidence.
And of course, during his recent cyber symposium, he got up on the stage, made all kinds of accusations, not just about dominion, but about other people, uh, claimed a person from the gateway. Pundit was a CIA plant. Like he could be hit with even more defamation suits for knowingly spewing this false information or failure to vet this information. If Michael and Dell goes to court and is not able to prove any of the statements that he made, even with any of the evidence he has, whether he knew it or not, that could then be actual
Malice. So we'll
See a lot of developments here, but Lindale's, Dell's got some good lawyers.
So right now,
Anything is possible. What seemed like a slam dunk for dominion just a week ago. Yeah, that just took a dramatic turn. Unfortunately, in Mike Lindell's favor.
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