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.””

There Has Been a Mind-Boggling Amount of Unemployment Fraud Since the CARES Act Passed

“At least $63 billion—an amount larger than the current annual budgets of 42 states—of the boosted unemployment payments distributed as part of the federal government’s pandemic response has been distributed improperly, according to an estimate from the Department of Labor Office of the Inspector General. The office attributes a “significant portion” of those improper payments to fraud, and preliminary audits indicate that the actual amount of improper payments may be higher.”

“The inspector general reports “a forty-fold increase” in the number of fraud-related matters, which have “exploded” since the CARES Act passed.”

“payments to people who can’t work because of the pandemic (or due to the government’s response to it) is a defensible proposal. But even defensible proposals have costs to consider. Extending the federally boosted unemployment payments through August will cost taxpayers an estimated $246 billion—and that likely means that another $24 billion, or more, will be lost to fraud.”

Trump unleashes an army of sore losers

“Trump, it seems, isn’t the only dead-ender holding out more than a month after the election, refusing to acknowledge defeat. Even as Trump lost again in court on Friday, with the Supreme Court rejecting a long-shot effort to overturn the election, he remains a lodestar for denialists of the GOP.

In California, a Republican congressional candidate trounced in Democratic-heavy Los Angeles is still refusing to concede — while simultaneously announcing he’s running for governor. In Maryland, a congressional candidate beaten by more than 40 percentage points is still complaining about “irregularities” in her election. And in Tennessee, a House candidate defeated by more than 57 percentage points has reached out to the ubiquitous pro-Trump lawyer Sidney Powell to air her grievances about an election that no Republican had any chance of winning — but that she’s convinced she did.

The down-ballot parroting of Trump’s baseless claims of widespread voter fraud began right after the election. But in the weeks since, it has evolved into a self-sustaining phenomenon of its own. Republican candidates for House, legislative and gubernatorial races in more than half a dozen states are still refusing to concede.

Echoing the president, these candidates are an early sign of what Republicans say will be a sustained, post-Trump effort to tighten voting restrictions and to reverse measures implemented in many states to make voting easier. They also may mark the beginning of a Trump-inspired trend of candidates who never fold — they just fade away after weeks and months of unsubstantiated allegations of fraud.”

“On Friday, after the Supreme Court’s rejection of an effort to overturn the presidential election, Webber suggested on Twitter that even the court’s action was a sign of something sinister.

“That’s how you know it’s deeper than anyone could have ever imagined,” he said.”

LC: This could lay the groundwork for further deterioration of democracy.