Pro-Trump lawyer Sidney Powell on Monday asked a federal court to dismiss a defamation lawsuit against her over her claims of election fraud, saying her speech was political in nature and protected by the First Amendment.
In a 90-page filing, she said she was advocating for former President Donald Trump as a lawyer and that political speech can be “inherently prone to exaggeration and hyperbole.
“Reasonable people would not accept such statements as fact but view them only as claims that await testing by the courts through the adversary process,” her court filing read.
Ms. Powell had argued unsuccessfully in federal lawsuits in the state of Georgia, Michigan and Arizona that Dominion Voting Systems had ties to software developed by the late Venezuelan dictator Hugo Chavez in order to “steal” elections.
Her lawsuits alleged the company’s machines could be connected to the internet in violation of election laws. The courts ultimately dismissed her complaints.
Dominion filed a defamation lawsuit against Ms. Powell in January, aiming to hold her liable in court for intentionally spreading lies that caused damage to the reputation of the company.
“Lies were told about government election officials, elections workers, and Dominion Voting Systems. Those lies have consequences. They have served to diminish the credibility of U.S. elections. They have subjected officials and Dominion employees to harassment and death threats. And they have severely damaged the reputation of our company,” said John Poulos, CEO of Dominion, when he announced the lawsuit.
The company sued for $1.3 billion.
Ms. Powell’s court filing on Tuesday argued that she repeated claims of election fraud to the media so she could update the public on her litigation. She was commenting on a matter of significant public concern, the filing noted, arguing her speech was protected by the First Amendment.
She reasoned journalists are afforded a higher protection against defamation lawsuits because they report on issues of public concern.
“Lawyers involved in fast-moving litigation concerning matters of transcendent public importance, who rely on sworn declarations, are entitled to no less protection,” she said.
The case was assigned to Judge Carl John Nichols, a Trump appointee. Ms. Powell requested a hearing on her motion to dismiss but the judge has not yet set a date.
Ms. Powell also asked the court to transfer the lawsuit to the Northern District of Texas and out of federal court in the District of Columbia if it does not dismiss the action altogether. She said she lives in Texas and has minimum contacts with Washington.
Dominion also filed a $1.3 billion defamation lawsuit in January against Rudolph W. Giuliani, Mr. Trump’s personal attorney, who also litigated election challenges on behalf of the former president.
The complaint alleges Mr. Giuliani worked in concert with Ms. Powell to spread a “Big Lie” about the 2020 election being stolen.
Mr. Giuliani’s case is also pending before Judge Nichols, who has ordered the former New York mayor to respond to the complaint by April 7.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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