Sidney Powell seeks to dismiss Dominion lawsuit, argues 'no reasonable person' would mistake her claims for 'fact'

Sidney Powell, a onetime high-profile member of former President Donald Trump's legal team, asked a federal court on Monday to dismiss Dominion Voting System's $1.3 billion defamation lawsuit against her, arguing that "no reasonable person" would mistake her baseless accusations of an elaborate multinational, communist election-rigging scheme as "truly statements of fact."

In fact, Powell's claims were just "opinions and legal theories," her lawyers argued, as well as constitutionally protected "political speech" and "hyperbole." At the same time, the motion contends, Dominion won't be able to prove any "actual malice" on Powell's part because "she believed the allegations then and she believes them now."

"Powell's attempt to dismiss the case contradicts her claim that she wants to present her evidence in court," responded Tom Clare, an attorney for Dominion. "Dominion Voting Systems is eager for the case to move forward and intends to hold Powell accountable." Dominion says Powell's false, disproven claims about vote rigging harmed its reputation and business.

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Powell's accusations about Dominion "stealing" the election were also cited by some of the people arrested after storming the Capitol on May 6 to stop the formal counting of President Biden's electoral win. If the federal court declines to dismiss Dominion's suit, Powell asked that the trial be moved from Washington, D.C., to Texas, where she is licensed to practice law. She is also fighting a defamation lawsuit by a second voting technology company, Smartmatic.