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Mar 24

Written by: Diana West
Wednesday, March 24, 2021 4:02 AM 

True story. Yesterday, as stories disparaging Sidney Powell's motion to dismiss Dominion's $1.3 billion defamation lawsuit began mounting up, all of them seizing on a few words from her lawyers' brief to the  point that "no reasonable person" would conclude that her publicly discussed findings against Dominion were "statements of fact," I knew something was wrong with this narrative, obviously. The idea that Sidney Powell would put forward a Dumb Blonde argument to discredit herself in defense of herself was and is ludicrous.

I wasted a few minutes yesterday looking for a piece of journalism that colored outside these crudely drawn party lines and found not a one. Not a one! No surprise but the absence of basic expository journalism clarifies one of the crises we face as a post-democratic society. There is no functioning Fourth Estate, there are only propaganda organs of the regime.

I read most of the 90-page brief myself, which is here, and got my own news. No, Sidney Powell did not say she was just making stuff up. Mouthpiece Media spatchcocked a couple of phrases together and lied about them. 

By the way, as Lin Wood pointed out on his Telegram account, "Dominion’s lawyer, Tom Clare, also represents Bill Gates. Just sayin'."

See below for responses to the false regime narrative from Sidney Powell and her lawyer, via Powell's websites sidneypowell.com and Kraken-Wood.

Sidney Powell Responds to The Fake News

“The #FakeNews is lying to everyone about our filing in the Dominion case. My position has not changed. We will be taking them to the mat”. - Sidney

Dominion v. FREE SPEECH

This lawsuit is yet another attempt to silence critics and citizens who want to investigate voter fraud. The statements Dominion claims are defamatory are actually protected speech under the First Amendment because they deal with matters of public concern, i.e., election integrity. The Fake News media and their allies are spinning meritless claims because their arguments have neither the facts nor the law needed to hold up in a courtroom.

The statements complained of are also protected because Dominion is a public figure and must prove that Ms. Powell acted with malice.  This is impossible, as Ms. Powell’s lawyer has explained, because Ms. Powell’s statements were based on sworn affidavits, declarations, expert reports and documentary evidence.  She presented this evidence for all to see in four court filings and on her website. 

FAKE NEWS v. Reality

Contrary to what the Fake News is pushing, Sidney did NOT claim in court that ‘no reasonable person would believe her claims’. The press is using twisted legalese and manipulating the legal standard to confuse the issue, as they have done before in other high-profile cases. Ms. Powell’s statements were legal opinions that she stands behind, as they were based on sworn affidavits, declarations, expert reports and documentary evidence.

Dominion claims that the evidence Ms. Powell relied upon to assert her claims concerning the lack of election integrity is incredible and not believable. Ms. Powell responded by pointing out that her assertions were her legal opinions based on the evidence she presented to four different courts. Accordingly, her statements are not subject to challenge under defamation law.

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HOWARD KLEINHENDLER, ATTORNEY FOR SIDNEY POWELL, RESPONDS TO MEDIA ALLEGATIONS CONCERNING MOTION TO DISMISS FILED AGAINST DOMINION COMPLAINT

New York, New York

March 23, 2021

Yesterday, several news media outlets cut and paste out of context portions of our motion to dismiss the Dominion complaint to “spin” a message that the election fraud allegations that Ms. Powell presented to various courts and to the public were not credible. I’d like to clarify what actually was presented to the court. First, let me be clear: any suggestion that “no reasonable person” would believe Ms. Powell or her comments on the election is false. 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.

As the DC Circuit reaffirmed just last week, there is no claim for defamation when the alleged “defamatory” statement is a legal opinion. Ms. Powell’s statements fall precisely into this category. Ms. Powell reviewed sworn affidavits, declarations, expert testimony, and other highly corroborated evidence concerning the election which Ms. Powell filed with the courts and shared publicly. She continues to stand by those opinions today. Our motion, in part, argues that the Dominion case should be dismissed because legal opinions are not grounds for defamation. In sum, the legal standard of a technical legal defense crafted by the courts has been improperly manipulated by the media to tell a false narrative. Ms. Powell is not backing down or retracting her previous statements concerning Dominion. Dominion’s case lacks legal merit and should be dismissed in its entirety.

For further information contact (917) 793-1188

 

 

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