You keep repeating the same lies. No court I am aware of has heard evidence, so stop saying that they did and found it lacking. Saying someone doesn't have standing is not a decision on merits. So enough with the obfuscation of the facts...
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Be sure to read this post! Beware of scammers. https://www.indianagunowners.com/threads/classifieds-new-online-payment-guidelines-rules-paypal-venmo-zelle-etc.511734/
Cannot the Federal government be sued?
- Thread starter flightsimmer
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You keep repeating the same lies. No court I am aware of has heard evidence, so stop saying that they did and found it lacking. Saying someone doesn't have standing is not a decision on merits. So enough with the obfuscation of the facts...
manifest destiny
Master
I miss the yesteryears when five states could claim they're going to stop counting votes on election night; and the common folk didn't ask why? Or when one of the largest states in the union attempted to sue other states for not following constitutional election guidelines; only to be told they have no standing. Good luck suing the feds. It's a neat idea, but in practice you'll need a financial sponsor and years of your time available to defend yourself against coincidental IRS audits, random licensing reviews (if you use them), counter suits, etc.
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Counterclaims are not unusual.
This whole thing will be interesting.
As we discussed in some thread, the defendants (Ms. Powell included) filed motions to dismiss Dominion's defamation lawsuit.
Here is the evidence it is claimed that defendants Ms. Powell, Mr. Lindell, and Mr. Giuliana have:
"In addition to making the statements summarized above, Powell, Giuliani, and Lindell all stated that they had evidence to prove their claims. For example, Powell has stated that she is in possession of a video that depicts the founder of Dominion saying that “he can change a million votes, no problem at all.” She has also pointed to documents filed in her election lawsuits, including an undated certificate from the Georgia Secretary of State, declarations from an anonymous “military intelligence expert,” and “Venezuelan military officer,” research into general concerns about election security, and expert reports (one of which Giuliani also touted in his podcast. Those court filings were also posted on DTR’s website.
On January 15, 2021, Lindell tweeted evidence in the form of a screenshot of an article from an online blog called The American Report. Lindell claimed that the blog contained “pages of the machine voter fraud evidence that came out last week.” He also tweeted a screenshot to an American Report spreadsheet that he said was “one page of hundreds that prove President Trump got around 79m votes to 68m votes for Biden!” On February 4, Lindell appeared on FlashPoint and claimed that he had “a cyber footprint from inside the [Dominion] machines” proving that the machines were hacked “by foreign countries, starting with China.”
Lindell later included this same material in a two-hour documentary called “ABSOLUTE PROOF.” (Lindell was an executive producer of the film.) The video also suggested that then-Attorney General Bill Barr (who had stated that the Department of Justice had not seen evidence of widespread election fraud) was “corrupt” and had been “compromised.” Beginning on February 5, “ABSOLUTE PROOF” was broadcast on multiple news outlets and posted online. Lindell’s website (michaeljlindell.com) also posted the video; beneath it, a MyPillow ad encouraged viewers to use the promotional code “PROOF” to receive forty percent off a MyPillow product."
D.C. District Court Rules Dominion Defamation Lawsuits Can Proceed
A judge denied motions to dismiss voting machine company Dominion’s defamation suits against Sidney Powell, Rudy Giuliani, and Mike Lindell for their claims that
www.lawfareblog.com
Let's not forget what Ms. Powell argued to try to get the lawsuit dismissed:
"Powell alone argues that her statements cannot be defamatory because no reasonable person could conclude that they were statements of fact. According to Powell, her statements were either “opinions” that cannot be proven true or false or “legal theories . . . made in the context of pending and impending litigation.”"
Further:
"Powell contends that no reasonable person could conclude that her statements were statements of fact because they “concern the 2020 presidential election, which was both bitter and controversial,” and were made “as an attorney-advocate for [Powell’s] preferred candidate and in support of her legal and political positions,” As an initial matter, there is no blanket immunity for statements that are “political” in nature: as the Court of Appeals has put it, the fact that statements were made in a “political ‘context’ does not indiscriminately immunize every statement contained therein.” It is true that courts recognize the value in some level of “imaginative expression” or “rhetorical hyperbole” in our public debate. But it is simply not the law that provably false statements cannot be actionable if made in the context of an election.”
"Powell has stated publicly that Dominion “flipped,” “weighted,” and “injected” votes during the 2020 election, either Dominion did so or (as Dominion alleges) it did not. Powell has claimed that state officials received kickbacks in exchange for using Dominion machines, either state officials received such kickbacks or (as Dominion alleges) they did not. All of these statements, and many others alleged in Dominion’s Complaint, “expressed or implied a verifiably false fact” about Dominion. Powell argues that these statements are merely her own interpretation of “underlying facts [that] have been disclosed.”"
“But with respect to many of Powell’s allegedly defamatory statements, Dominion alleges (and for the purposes of the Motion to Dismiss, the Court must accept as true) that she lied about having (or at the very least has not disclosed) her purported “underlying facts.” For example, Powell has stated that she has “evidence from [the] mouth of the guy who founded [Dominion] admit[ting that] he can change a million votes, no problem at all.” She has not, however, disclosed that video. She has also claimed that Dominion paid “kickbacks and The Venezuela theory presumably finds its roots in the Venezuelan origins of Smartmatic, a different company that Giuliani alleges owns Dominion, but that Dominion alleges is its competitor with no connection—either through ownership or software—with Dominion..."
“…But the only evidence to which Powell points in support of this claim is an undated (and allegedly doctored) Georgia state certificate stating that Dominion’s systems had “been thoroughly examined and tested and found to be in compliance with” Georgia law. That certificate provides no evidence of illicit payments to public officials’ families; it is certainly not, as Powell has argued, evidence . . . from various whistleblowers that are aware of substantial sums of money being given to family members of state officials who bought this software. . . . $100 million packages for new voting machines suddenly, in multiple states, and benefits ranging from financial benefits for family members to sort of what I would call election insurance, because they know that they can win the election if they are using that software. More generally, Dominion alleges that for many of Powell’s statements, the evidence to which she points is either false or provides no factual basis for what she said—and at this stage in the litigation, the Court must assume the truth of these allegations. In sum, Dominion has adequately alleged that Powell made a number of statements that are actionable because a reasonable juror could conclude that they were either statements of fact or statements of opinion that implied or relied upon facts that are provably false.”"
So, what this comes down to now, as I stated above, is that truth is an absolute defense to defamation.
The defendants will now be able to...and in fact, will have to show all of the evidence they had to support making the statements they made. The case will not be dismissed, so now, discovery will go forward and Dominion has created the situation where whatever evidence exists will have to be disclosed.
Far from the evidence being ignored, it is now at the center of this lawsuit.
Now, Ms. Powell's counterclaims? Sure, if Dominion know what she says is true, suing her for defamation could, in fact be "abuse of process.", that is, using the legal system for an illegitimate purpose.
The upshot of all the words above is this: Dominion created a situation where it knows very well that whatever evidence Powell and her people have will HAVE to be presented in court. Hell, for Dominion to make its case, it carries the burden of proof to prove that what they said was untrue (and made with knowledge they were false or reckless disregard and with malice). Far from hiding whatever, Dominion is forcing the situation where the defendants ("Powell, Giuliani and Lindell) will have to "put up or shut up." I look forward to seeing the evidence.
I look forward to EVERYONE seeing the evidence- but one thing I've had confirmed for me over the past 18 months is that people have a way of ignoring any evidence, or lack of evidence, that does not agree with what they already think. If anyone thinks that only applies to the left...well, I think you just proved the point.
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Speaking as a Christian, the shots from atheist don't bother me much.
It's the shots from within that do.
Howbout this? You could've just as easily said something like. Just because you believe in something does'nt necessarily make it so without hard evidence to convince non believers no matter what the topic is and just left it at that.
I don't think that's limited to narcissists. Pretty much applies to anyone you argue with on the internet.
See I don't have a problem if he would've just made that kind of statement. What I did take issue with is that as an avowed atheist he chose to introduce religious beliefs into the conversation to "illustrate his point nicely" when it wasn't necessary IMO.
That's all I'm saying. Anyways I'm done with the thread sidetrack. It was just my take.
manifest destiny
Master
It's hard to take serious assertions made in court cases. Mr. president's "the meaning of is is". Wrestler Hulk Hogan, while under oath, testifying about his penis in third person. Alex Jone's "I'm an entertainer". Ms. Powell repeated her claim of an attributable quote re: Dominion rep changing a million votes. I suspect she has this. I concur regarding the opportunity this case presents, but it's early in the process with unlimited possibilities for resolve short of presenting evidence from either party. Ms. Powell strikes me as a serious litigator. Mike Lindell? Well, he earned a crooked politicians wealth selling pillows.Counterclaims are not unusual.
This whole thing will be interesting.
As we discussed in some thread, the defendants (Ms. Powell included) filed motions to dismiss Dominion's defamation lawsuit.
Here is the evidence it is claims that defendants Ms. Powell, Mr. Lindell, and Mr. Giuliana have:
"In addition to making the statements summarized above, Powell, Giuliani, and Lindell all stated that they had evidence to prove their claims. For example, Powell has stated that she is in possession of a video that depicts the founder of Dominion saying that “he can change a million votes, no problem at all.” She has also pointed to documents filed in her election lawsuits, including an undated certificate from the Georgia Secretary of State, declarations from an anonymous “military intelligence expert,” and “Venezuelan military officer,” research into general concerns about election security, and expert reports (one of which Giuliani also touted in his podcast. Those court filings were also posted on DTR’s website.
On January 15, 2021, Lindell tweeted evidence in the form of a screenshot of an article from an online blog called The American Report. Lindell claimed that the blog contained “pages of the machine voter fraud evidence that came out last week.” He also tweeted a screenshot to an American Report spreadsheet that he said was “one page of hundreds that prove President Trump got around 79m votes to 68m votes for Biden!” On February 4, Lindell appeared on FlashPoint and claimed that he had “a cyber footprint from inside the [Dominion] machines” proving that the machines were hacked “by foreign countries, starting with China.”
Lindell later included this same material in a two-hour documentary called “ABSOLUTE PROOF.” (Lindell was an executive producer of the film.) The video also suggested that then-Attorney General Bill Barr (who had stated that the Department of Justice had not seen evidence of widespread election fraud) was “corrupt” and had been “compromised.” Beginning on February 5, “ABSOLUTE PROOF” was broadcast on multiple news outlets and posted online. Lindell’s website (michaeljlindell.com) also posted the video; beneath it, a MyPillow ad encouraged viewers to use the promotional code “PROOF” to receive forty percent off a MyPillow product."
D.C. District Court Rules Dominion Defamation Lawsuits Can Proceed
A judge denied motions to dismiss voting machine company Dominion’s defamation suits against Sidney Powell, Rudy Giuliani, and Mike Lindell for their claims that
Let's not forget what Ms. Powell argued to try to get the lawsuit dismissed:
"Powell alone argues that her statements cannot be defamatory because no reasonable person could conclude that they were statements of fact. According to Powell, her statements were either “opinions” that cannot be proven true or false or “legal theories . . . made in the context of pending and impending litigation.”"
Further:
"Powell contends that no reasonable person could conclude that her statements were statements of fact because they “concern the 2020 presidential election, which was both bitter and controversial,” and were made “as an attorney-advocate for [Powell’s] preferred candidate and in support of her legal and political positions,” As an initial matter, there is no blanket immunity for statements that are “political” in nature: as the Court of Appeals has put it, the fact that statements were made in a “political ‘context’ does not indiscriminately immunize every statement contained therein.” It is true that courts recognize the value in some level of “imaginative expression” or “rhetorical hyperbole” in our public debate. But it is simply not the law that provably false statements cannot be actionable if made in the context of an election.”
"Powell has stated publicly that Dominion “flipped,” “weighted,” and “injected” votes during the 2020 election, either Dominion did so or (as Dominion alleges) it did not. Powell has claimed that state officials received kickbacks in exchange for using Dominion machines, either state officials received such kickbacks or (as Dominion alleges) they did not. All of these statements, and many others alleged in Dominion’s Complaint, “expressed or implied a verifiably false fact” about Dominion. Powell argues that these statements are merely her own interpretation of “underlying facts [that] have been disclosed.”"
“But with respect to many of Powell’s allegedly defamatory statements, Dominion alleges (and for the purposes of the Motion to Dismiss, the Court must accept as true) that she lied about having (or at the very least has not disclosed) her purported “underlying facts.” For example, Powell has stated that she has “evidence from [the] mouth of the guy who founded [Dominion] admit[ting that] he can change a million votes, no problem at all.” She has not, however, disclosed that video. She has also claimed that Dominion paid “kickbacks and The Venezuela theory presumably finds its roots in the Venezuelan origins of Smartmatic, a different company that Giuliani alleges owns Dominion, but that Dominion alleges is its competitor with no connection—either through ownership or software—with Dominion..."
“…But the only evidence to which Powell points in support of this claim is an undated (and allegedly doctored) Georgia state certificate stating that Dominion’s systems had “been thoroughly examined and tested and found to be in compliance with” Georgia law. That certificate provides no evidence of illicit payments to public officials’ families; it is certainly not, as Powell has argued, evidence . . . from various whistleblowers that are aware of substantial sums of money being given to family members of state officials who bought this software. . . . $100 million packages for new voting machines suddenly, in multiple states, and benefits ranging from financial benefits for family members to sort of what I would call election insurance, because they know that they can win the election if they are using that software. More generally, Dominion alleges that for many of Powell’s statements, the evidence to which she points is either false or provides no factual basis for what she said—and at this stage in the litigation, the Court must assume the truth of these allegations. In sum, Dominion has adequately alleged that Powell made a number of statements that are actionable because a reasonable juror could conclude that they were either statements of fact or statements of opinion that implied or relied upon facts that are provably false.”"
So, what this comes down to now, as I stated above, is that truth is an absolute defense to defamation.
The defendants will now be able to...and in fact, will have to show all of the evidence they had to support making the statements they made. The case will not be dismissed, so now, discovery will go forward and Dominion has created the situation where whatever evidence exists will have to be disclosed.
Far from the evidence being ignored, it is now at the center of this lawsuit.
Now, Ms. Powell's counterclaims? Sure, if Dominion know what she says is true, suing her for defamation could, in fact be "abuse of process.", that is, using the legal system for an illegitimate purpose.
The upshot of all the words above is this: Dominion created a situation where it knows very well that whatever evidence Powell and her people have will HAVE to be presented in court. Hell, for Dominion to make its case, it carries the burden of proof to prove that what they said was untrue (and made with knowledge they were false or reckless disregard and with malice). Far from hiding whatever, Dominion is forcing the situation where the defendants ("Powell, Giuliani and Lindell) will have to "put up or shut up." I look forward to seeing the evidence.
I look forward to EVERYONE seeing the evidence- but one thing I've had confirmed for me over the past 18 months is that people have a way of ignoring any evidence, or lack of evidence, that does not agree with what they already think. If anyone thinks that only applies to the left...well, I think you just proved the point.
You've met my mother-in-law, huh?
More stellar philosophical commentary from that one. He's on a roll.
