Sidney Powell Says She’s Not Guilty of Defamation Because ‘No Reasonable Person’ Would Have Believed Her ‘Outlandish’ Election Conspiracy Theory

“After passionately and persistently telling her tall tale of a stolen election last year, Powell is now arguing that only a fool would have taken her at her word.”

“Powell claimed over and over again that Dominion rigged voting machines to manufacture “millions” of votes for Joe Biden. She fingered a specific Dominion executive as largely responsible for the scheme, claimed the plot had its roots in fraud-facilitating software that had helped keep Venezuelan strongman Hugo Chavez in power, and said China, Cuba, and George Soros were also in on it. But “no reasonable person would conclude that the statements were truly statements of fact,” Powell says in her motion to dismiss the lawsuit.

Powell thus implies that Trump and the millions of supporters who still believe he actually won the election, thanks in no small part to the fantasy she concocted, do not count as reasonable people. Fair enough, I suppose, although one might question the wisdom of throwing them all under the bus if Powell hopes to continue profiting from their credulity. But why does Powell purport to be surprised by the fact that so many Trump followers believed her?”

“Since Powell was making political statements, she implies, she had a license to lie. After all, political rhetoric “is often vituperative, abusive and inexact,” and “political statements are inherently prone to exaggeration and hyperbole.” Here she is quoting the Supreme Court and the 9th Circuit, respectively, although I’m not sure those observations can be stretched to cover a baroque conspiracy theory that includes many specific factual claims. When someone says Biden stole the election with help from a voting technology company that was determined to deny Trump a second term no matter how many laws it broke in the process, she has ventured far beyond hyperbole and inexactitude.
Powell also argues that the preposterousness of her allegations should protect her from civil liability for damaging Dominion’s reputation. “Plaintiffs themselves characterize the statements at issue as ‘wild accusations’ and ‘outlandish claims,'” she notes. “They are repeatedly labelled ‘inherently improbable’ and even ‘impossible.’ Such characterizations of the allegedly defamatory statements further support Defendants’ position that 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.””

Putin likely directed 2020 U.S. election meddling, U.S. intelligence finds

“Russian President Vladimir Putin likely directed an effort by Moscow to try to swing the 2020 U.S. presidential election to Donald Trump, according to an American intelligence report released on Tuesday that linked the Kremlin and allies of the former president.”

“The report also punctured a counter-narrative pushed by Trump’s allies that China was interfering on Biden’s behalf, concluding that Beijing “did not deploy interference efforts.”
“China sought stability in its relationship with the United States and did not view either election outcome as being advantageous enough for China to risk blowback if caught,” the report said.

U.S. officials said they also saw efforts by Cuba, Venezuela and the Lebanese militant group Hezbollah to influence the election, although “in general, we assess that they were smaller in scale than those conducted by Russia and Iran.”

The Russian, Chinese and Cuban Embassies in Washington did not immediately return messages seeking comment. The Iranian mission to the United Nations and the Venezuelan Ministry of Information also did not immediately respond to requests for comment. Moscow, Beijing and Tehran routinely deny allegations of cyberespionage and election interference.

The report assessed that Russian leaders “preferred that former President Trump win re-election despite perceiving some of his administration’s policies as anti-Russia,” with its authors adding, “We have high confidence in this assessment.””

Abolish the lame-duck period

“On October 19, 2015, Canadians voted to end nearly a decade of Conservative Party government and elect a new government led by Liberal Party leader Justin Trudeau. Just over two weeks later, on November 4, Trudeau was sworn in as prime minister.

Five years earlier, a very similar series of events played out in Great Britain. On May 6, 2010, Britain held its most recent election where control of its government changed partisan hands — voters tossed out the incumbent Labour Party government and replaced it with a coalition led by the Conservative Party’s David Cameron. Just five days after the election, Cameron became prime minister.

Modern democracies, in other words, can and do transfer power very rapidly — and much faster than the two and a half months that separate President-elect Joe Biden’s election on November 3, 2020, and his inauguration on January 20, 2021, the official transition date established by the 20th Amendment. French President Emmanuel Macron won election on May 7, 2017, and was sworn in just one week later. Indian Prime Minister Narendra Modi’s Bharatiya Janata Party won his election on May 16, 2014. He became prime minister just 10 days later. Japan’s Abe Shinzo, the last Japanese politician to preside over a transition of partisan rule, also took office 10 days after his party won an election.

The dangers of a long lame-duck period have come into stark relief in the wake of last week’s storming of the US Capitol. America’s lame-duck period gave insurrectionists loyal to President Donald Trump two full months to plan the putsch that briefly occupied the Capitol and forced lawmakers to flee in terror — and they were egged on this entire time by a president who encouraged them to stage a “wild” protest while lawmakers formally certified Biden’s victory on January 6.

Meanwhile, as the sitting president, Trump retained command and control over both federal law enforcement and US military forces that eventually helped secure the Capitol. For unclear reasons, the Pentagon was reportedly slow to approve emergency requests to send troops to regain control of the building. And, for as long as Trump is president, the nation’s capital will need to rely on the Trump administration to protect against future violence.

Even before Trump seemed to cheer on a violent attempt to overthrow Biden’s incoming government, the lame-duck president spent the post-election period doling out pardons to his cronies and handing out medals to his most sycophantic loyalists in Congress. While Trump’s abuse of the pardon power has been particularly egregious, it’s hardly unprecedented. President George H.W. Bush pardoned several former officials involved in the Iran-Contra scandal more than a month after he lost his bid for reelection. President Bill Clinton pardoned his half-brother, as well as wealthy fugitive Marc Rich, during his final days in office.

American history is replete with examples of outgoing presidents who actively sabotaged their successor during the lame-duck period — sometimes in the middle of a historic crisis.

The United States, in other words, pays an enormous price for its long lame-duck period. There’s no good reason the US cannot join Canada, Britain, France, India, Japan, and other nations in transitioning swiftly to a new administration after a presidential election.”

Why Georgia has runoff elections

“At first glance, Georgia’s law requiring majorities for an outright victory seems inoffensive — the person who wins has to be chosen by most of the people who cast their votes. In theory, this would force candidates to appeal to more voters instead of winning with a large plurality of votes while holding views anathema to the majority of the electorate.

But Georgia’s runoff system has a darker origin: Many historians say it was designed to make it harder for the preferred candidates of Black voters to win, and to suppress Black political power.”

“It effectively began in 1962, when the Supreme Court struck down Georgia’s old electoral system. That older system, called a “county-unit system,” was created 45 years prior to amplify rural voters’ power while disadvantaging Black voters’, and was “kind of a poor man’s Electoral College,” University of Georgia political science professor Charles Bullock told Vox.

Forced to come up with a new system, Georgia created one intended to continue undermining Black voters’ influence. That was the runoff system”

“”In 1963, state representative Denmark Groover from Macon introduced a proposal to apply majority-vote, runoff election rules to all local, state, and federal offices. A staunch segregationist, Groover’s hostility to black voting was reinforced by personal experience. Having served as a state representative in the early 1950s, Groover was defeated for election to the House in 1958. The Macon politico blamed his loss on “Negro bloc voting.” He carried the white vote, but his opponent triumphed by garnering black ballots by a five-to-one margin.

Groover soon devised a way to challenge growing black political strength. Elected to the House again in 1962, he led the fight to enact a majority vote, runoff rule for all county and state contests in both primary and general elections. Until 1963, plurality voting was widely used in Georgia county elections””

“Groover wanted to stop Black Georgians from voting as a “bloc” — that is, overwhelmingly for one candidate or party — while white Georgians split their votes among many candidates. In a plurality system, if Black voters were able to keep a coalition behind one candidate, they wouldn’t need the support of many white voters for their preferred candidate to win elections.

The method was popular across the former Confederacy: Alabama, Arkansas, Georgia, Mississippi, Oklahoma, South Carolina, and Texas all have general election runoffs. As the Washington Post reported, just two non-Southern states have runoff rules, and those “almost never matter””

“There are some, like Bullock, who don’t believe this was designed to be a racially discriminatory institution, pointing out that the use of runoffs began at a time when Black voters had already been largely eliminated from the voter rolls. Others have said there were good governance reasons for implementing the runoff system.

However, Cal Jillson, a professor at Southern Methodist University, told the Washington Post that most of the states that adopted runoff systems did it to “maintain white Democratic domination of local politics. Letters and speeches that survive from the period show race was very much on the minds of those Democrats who advocated the primary-runoff process. ‘People had no misgivings about stating their real intentions and stating them in racial terms,’” Jillson told the paper.”

“As if to simplify the historical record, decades after Groover fought to institute run-off elections, he admitted: “I was a segregationist. I was a county unit man. But if you want to establish if I was racially prejudiced. I was. If you want to establish that some of my political activity was racially motivated, it was.”

Groover also confirmed that he “used the phrase ‘bloc voting’ as a racist euphemism for Negro voting.” A DeKalb County representative who supported Groover “remembered Groover saying on the House floor: ‘[W]e have got to go the majority vote because all we have to have is a plurality and the Negroes and the pressure groups and special interests are going to manipulate this State and take charge if we don’t go for the majority vote.””

1 winner and 5 losers from Trump’s second impeachment trial

“For the first time in the history of the United States, a defeated president attempted to overturn the election’s outcome to keep himself in office.

Trump’s effort to try to steal the election was multifaceted. He spent months lying that there was massive voter fraud. He pressured state officials and state legislators not to certify President Joe Biden’s win. He filed dozens of frivolous lawsuits. He urged members of Congress and Vice President Mike Pence to throw out valid electoral votes on January 6. And, that same day, he encouraged supporters to gather in Washington and egged them on. The violence at the Capitol ensued.

It was stunning conduct that flew in the face of the US tradition of peaceful transition of power. And Congress did have an opportunity by which they could make Trump face a very real consequence for this: impeachment and prohibition from holding federal office again in the future (preventing him from running again in 2024). An impeachment of a US president has never ended with conviction, but surely, if one ever would, one would think that Trump’s conduct would merit it.

But instead, partisanship triumphed, Republicans mostly closed ranks around Trump, and the vote fell well short of the two-thirds threshold needed for conviction. The result is that Trump will face no consequences — from Congress, at least — for his effort to defy the will of the voters and stay in power. That has ominous implications for the political system’s future stability, and seems to invite Trump or someone similar to try something like it again.”

How Trump Won One of America’s Most Diverse Counties — By a Lot

“Trump and his campaign targeted voters regardless of their racial differences with his rural-resonant messages of social conservatism—pro-gun, pro-life, pro-military—and anti-NAFTA broadsides that are catnip for an electorate that blames free trade agreements and globalization for shuttered factories and a sinking standard of living. The campaign also added to the equation a hyperspecific and transactional component: very publicly backing the federal recognition the Lumbee have been seeking since the 1800s. Finally, Trump and his most prominent surrogates kept showing up, a persistence that crested with Trump’s rally in the county seat a week and a half before the election—something no sitting president had ever done here.”

The Way to Keep Georgia Blue

“Based upon available exit polling, Democrats won Georgia with a combination of white college-educated, Black and Latino voters. Black voters led the way with a whopping 88 percent of those voters supporting Biden; they make up 29 percent of all voters in Georgia. Latinos and white college-educated voters made up the rest of this winning coalition of voters with 62 percent and 57 percent of these voters turning out for Biden, respectively. Combined, these voters make up a large subsection of all voters in Georgia. Based on data currently available on the final vote counts, we are tracking an increase of about 200,000 more Black voters in 2020 than in 2016.

Add in increased Asian American and Latino Democratic participation, and a true Obama-era coalition emerges. This is thanks to the work of Black Voters Matter, New Georgia Project founded by Stacey Abrams, and other state-based organizers who turned out what we call high-potential voters — voters who don’t have vote histories, but if you talk to them, are likely to engage and lean Democratic.”

Why Democrats Keep Losing Rural Counties Like Mine

“Roughly two-thirds of rural voters across the country cast their ballots for Trump.”

“Why did Trump do so well with rural voters? From my experience, it’s not because local Democrats failed to organize in rural areas. Instead, after conversations with dozens of voters, neighbors, friends and family members in Dunn County, I’ve come to believe it is because the national Democratic Party has not offered rural voters a clear vision that speaks to their lived experiences. The pain and struggle in my community is real, yet rural people do not feel it is taken seriously by the Democratic Party.

My fear is that Democrats will continue to blame rural voters for the red-sea electoral map and dismiss these voters as backward. But my hope is for Democrats to listen to and learn from the experiences of rural people.

The signs of desperation are everywhere in communities like mine. A landscape of collapsed barns and crumbling roads. Main Streets with empty storefronts. The distant stare of depression in your neighbor’s eyes. If you live here, it is impossible to ignore the depletion.”

“Small-business growth has slowed in rural communities since the Great Recession, and it has only worsened with Covid-19. As capital overwhelmingly flows to metro areas, the small-town economy increasingly is dominated by large corporations: low-wage retailers like Dollar General or agribusiness firms that have no connection to the community.

The source of our wealth is in the things we grow. But today, those things get shipped off into a vast global supply chain, where profits are siphoned off and little remains for us to save or invest. Farmers’ share of every retail food dollar has fallen from about 50 percent in 1952 to 15 percent today. Corporations control more and more of the agriculture business—from the seed and fertilizer farmers buy to the grain, milk and meat they sell—sucking out profits instead of giving farmers a fair price or a fair shot at the market. Every day, small farmers are squeezed: They can either expand their operations and take on more debt in an attempt to produce more, or close their business entirely because of chronically low commodity prices.

The digital divide is also real: About 28 percent of rural Wisconsinites lack high-speed internet, which stifles rural economic growth. Working from home or starting a new business is next to impossible in today’s economy without high-speed internet. Kids can’t learn from home without it either.

Rural health care is a disaster. At least 176 rural hospitals have closed since 2005, the majority of them in the past 10 years; it’s generally not profitable for hospitals to operate in low-population areas. Wisconsin has not been hit as badly as other states, but those hospitals that remain open in rural parts of the state are scaling back services and struggling to retain doctors. In my own county, there are zero ICU beds, even as Covid infection rates surge. Our profit-based health care system is failing rural people.

Rural people in Wisconsin are dying by suicide at rates higher than folks in suburban and urban parts of the state. This is not just a matter of poor mental health services—many rural counties lack a single practicing psychiatrist. It is also about an inescapable feeling of failure and an overwhelming sense that there is no future here.”

“Rural voters appreciated Obama’s repeated campaign promises to challenge the rise of agribusiness monopolies. But as president, he allowed for the continued consolidation of corporate power in the food system. His Department of Agriculture balked when it came time to enforce anti-monopoly rules such as those in the Packers and Stockyard Act, and failed to enforce Country of Origin Labeling, which would have allowed independent farmers and ranchers to better compete within the consolidated meat industry. The Obama Justice Department and Federal Trade Commission presided over a series of corporate mergers in the food and agriculture sectors, including the Kraft-Heinz and JBS-Cargill mergers. Taken together, these moves signaled that his administration did not have the backs of family farmers.”

“When people feel left behind, they look for a way to make sense of what is happening to them. There is a story to be told about rural America, yet Democrats are not telling it. That leaves an opening for other stories to be told to fill the vacuum—stories that villainize and divide us along racial, geographic and partisan lines. That is the story Trump told, but it’s the wrong one. The real story is that rural people feel our way of life is being sold off. We see the wealth of our sweat and soil being sent away to enrich executives, investors and shareholders.
For Democrats to start telling a story that resonates, they need to show a willingness to fight for rural people, and not just by proposing a “rural plan” or showing up on a farm for a photo op. Rural people understand economic power and the grip it has on lawmakers. We know reform won’t be easy. A big step forward for Democrats would be to champion antitrust enforcement and challenge the anticompetitive practices of the gigantic agribusiness firms that squeeze our communities. In his rural plan, Biden pledged to “strengthen antitrust enforcement,” but the term doesn’t appear until the 35th bullet point. For rural voters, antitrust enforcement is a top priority, and it should be coupled with policies to manage oversupply in commodity markets, so farmers can get a fair price. Another step forward would be an ambitious federal plan, in the spirit of the New Deal’s Rural Electrification Act, to bring high-speed internet to every corner of America.

What rural voters want is a glimmer of hope that things will change. They want politicians who see a future for rural communities in which food production is localized, energy is cheap and clean, people have good jobs, soil is healthy, Main Street is bustling with small businesses, schools are vibrant and everyone can see a doctor if they need to. Here in Wisconsin, we can look back in our state’s rich history of progressive populism to a time when politicians like Bob LaFollette, our former governor and U.S. senator, understood that concentrated wealth and corporate power are a threat to people’s livelihoods. As president, Biden will have the chance to prove he understands this, too. Democrats can win rural Wisconsin again, but they’ll need to try.”