Sidney Powell’s lawyer argues that “reasonable people” are often “inexact” in their understanding of political speech.
A lawyer for pro-Trump lawyer Sidney Powell filed a motion to dismiss the $2.7 billion defamation case filed against her by voting systems manufacturer Smartmatic, stating that “reasonable people” would recognize that political discourse is frequently “inexact.”
Powell filed a slew of frivolous election challenges in an attempt to undermine former Vice President Joe Biden’s election victory over former President Donald Trump. Smartmatic allegedly collaborated with foreign governments and Democrats to “rig” or “steal” the election from Trump, according to the notorious lawyer. All of her complaints were dismissed in state and federal courts, as did hundreds of others filed by Trump and his followers.
Powell’s counsel contended in a memorandum filed with the New York Supreme Court in an attempt to dismiss the lawsuit that her acts did not legally qualify as defamation. They claimed that because of her ties to Trump, people should have been skeptical of her comments.
They said, “Powell’s status as a lawyer advocating for her client makes it significantly more probable, not less likely, that the audience will filter her words as partisan opinion.”
“To put it another way, ‘reasonable listeners in such circumstances approach with an adequate amount of skepticism,’” they said, citing an earlier court ruling. Von Gutfeld v. 600 W. 115th St. Corp., 80 N.Y.2d 130, 141 (1992).”
The lawyer went on to reference another court judgment, claiming that the political nature of her assertions should alert people to the possibility that they are false.
“Reasonable people recognize that the ‘language of politics, like the vocabulary employed in labor conflicts… is frequently vituperative, rude, and inexact.’ They cited Watts v. United States, 394 U.S. 705, 708 (1969).
Powell was contacted by Washington Newsday but did not respond right away.
The pro-Trump lawyer, as well as the former president and other allies like MyPillow CEO Mike Lindell and retired General Michael Flynn, continue to propagate false charges concerning the 2020 election.
In state and federal courts, dozens of pro-Trump 2020 election challenge claims have been dismissed. The charges have been dismissed by judges selected by Trump and other Republicans. Furthermore, recounts and audits have upheld Biden’s victory, particularly in states where the election was monitored by Republicans who voted for Trump.
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