Sidney Powell lost the plot.
To protect himself from a $ 1 billion defamation proceeding, Trumpist’s lawyer is her quirky opinion Voting tech companies somehow stole the 2020 US presidential election and refused to present conspiracy theory as a fact.
But she couldn’t help herself. And now, a legal expert tells The Daily Beast that she may have even more serious problems.
Powell received national attention last month for her bizarre claims. Dallas MAGA Rally Former President Trump, who was impregnated twice, saidRecoveredAs the commander-in-chief. However, the little unnoticed part of its appearance on May 29 may prove to be more significant. In it, she may have hurt one of the main arguments lawyers use to fend off crime. $ 1 billion proceedings About her groundless allegations about the 2020 US presidential election.
With Dominion Voting System Smartmatic He has filed multi-billion dollar proceedings against Powell and others for defamation of public claims about the company and its products. Venezuelan conspiracy He stole the election and created a large number of fake votes for Biden. In response, Powell’s lawyer sought to argue that her statement was not factual, but rather a statement of legally protected opinion.
In a motion to dismiss in the Dominion proceedings on March 22, Powell’s lawyer argued that “a rational person would not be able to conclude that the statement was truly a statement of fact.” Insisted that “it is her opinion and legal theory on the greatest public concern.” (In the United States, the statement of opinion is Protect from defamation Claims that it cannot be “proven as a fact” or “uses loose, figurative, or hyperbolic words that deny the impression that the writer really maintained his position.”
But in 30 minutes at the Dallas Patriot Roundup late last month, Powell seemed to leave it. The defense started by her lawyer, According to several videos reviewed by The Daily Beast.
“Some of our litigants have been caught and set foot on the fire trying to reveal what really happened, for example, by filing a $ 4.3 billion proceeding in three different proceedings. I think they didn’t realize they could silence us, “Powell said in a panel discussion. “Threatening me is like waving a red flag on the bull’s face.”
Dominion’s proceedings against her should be dismissed, Powell continued.
At the very least, the statement was a tactical mistake, defamation law experts say. You could come back to annoy her in court.
“This seems like a very harmful confession from Powell. It’s a distortion of the opinion doctrine in the first place,” said Ted Broth Jr., a Gibson Dunn lawyer and defamation law expert. It’s a watering down of her main defense, based on. ” The Daily Beast. “Dominion will set a working day to issue this statement before the trial, and in front of the jury if the case goes to trial, to oppose her efforts to dismiss her case. . “
But Powell went a step further. If the proceedings against Dominion and her legal defense, Defending the Republic, were not dismissed, she added, “then there will be a discovery against Dominion and an attack will be launched.”
“Powell’s rather bizarre statement would certainly not help her defense,” said Sam Teriri, a professor at the University of Miami Communications School and a former legal adviser to Powell. Miami Herald“It’s hard to know in advance, but it can obviously be a problem.”
“Her stance of’I can prove it’is clearly inconsistent with her lawyer’s stance,’Nobody is anything but an opinion,'” said the First Amendment to the United States Attorney. Former federal prosecutor Ken White added: “But it’s hard. Normally, at this stage, the court doesn’t consider external evidence like her statement. The content of the complaint and public records (to the court). Consider the content of the filings, etc.). The possibility of a judgment being handed down is ignored by the judge at this time, but if the allegation against her survives, it will be reconsidered at a later stage (like a summary judgment). To do. “
Powell’s lawyer did not immediately respond to a request for comment from The Daily Beast.
Powell was one of the few in support of Trump, and his post-election claims about Dominion and Smartmatic’s voting system led to defamation proceedings. Both Smartmatic and Dominion have filed proceedings against Powell, Trump’s lawyer Rudy Giuliani, and Fox News.In addition, Dominion is an ally of Trump and is also suing pillowcase tycoons. Michael Lindell Because of his dizzyingly many claims about the company’s products.