Sidney Powell has asked a judge to dismiss Smartmatic’s $ 2.7 billion libel lawsuit.
His lawyers argue his Fox News appearances weren’t just fundraising infomercials.
Rudy Giuliani, another defendant in the trial, also called for the dismissal of a judge.
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A lawyer for Sidney Powell on Thursday filed a lawsuit asking a judge to dismiss a $ 2.7 billion libel claim against her, arguing that her television appearances advancing conspiracy theories over the 2020 election do not ‘were “not infomercials” and comparing her to a Buddhist monk.
The record, in New York State court, argued that Powell was genuinely concerned about the integrity of the election. Powell didn’t just want to raise money through his Defending the Republic organization, as voting technology firm Smartmatic claimed in its lawsuit, his lawyer argued.
“Powell’s talks with Fox News focused on the integrity of the elections, evidence of electoral fraud and his intention to take legal action to expose the embezzlement,” the file said. “His appearances were not informants promoting his law firm or DTR’s websites. [sic]”
Powell, a former lawyer for Donald Trump’s 2020 election team, falsely accused Smartmatic of colluding with Dominion Voting Systems, a rival election technology company, to “reverse” President Trump’s votes to the current one. President Joe Biden. When Trump fired Powell from his legal team, she went on to file four unsuccessful and conspiracy theory-filled lawsuits to overturn the election results.
Smartmatic filed its complaint in February. He accused Powell, Rudy Giuliani and Fox News of defamation over electoral conspiracy theory allegations.
In the new case, Powell’s attorney Howard Kleinhendler said she could not be held accountable in a New York state court for her allegations, comparing her to a Buddhist monk in the Himalayas.
“The plaintiffs ask this court to assert personal jurisdiction over Powell because his words were broadcast around the world by Fox News from New York and possibly, as a result, some New Yorkers sent money. to a Texas nonprofit called Defending the Republic, ”Kleinhendler wrote. “According to this theory, a Buddhist monk in a red robe on top of the Himalayas demanding Tibetan independence from China can be brought before this Court for defamatory statements against the Communist government.”
Rudy Giuliani also asked to dismiss the libel action
A lawyer for Giuliani also filed a non-suit Thursday. Like Powell, Giuliani’s attorney argued that Smartmatic lacked jurisdiction to sue him in New York for comments claiming the company had secret Venezuelan ties it was using to develop technology to manipulate election results. .
Giuliani’s attorney also said that an “ordinary listener / reader” would interpret Giuliani’s remarks as a reference to a Venezuelan company. Smartmatic is a British or Dutch company, and therefore the lawsuit should be dismissed, argued the lawyer.
Fox News has also filed motions asking the court to dismiss the Smartmatic lawsuit.
Documents filed in court in February and April argued that, since the media company provided viewers with newsworthy information from the president’s lawyers, it did not need to examine Powell’s claims in depth. and Giuliani. Smartmatic argued that Fox News should not benefit from the legal protections normally afforded to media companies in libel suits in New York.
Dominion has also sued Fox News, Powell, and Giuliani in separate election lies prosecutions. They all called for the lawsuits to be quashed.
In March, Powell’s lawyers argued that Dominion’s lawsuit should be dismissed because her election claims were too far-fetched to be taken seriously, even though she continued to promote political conspiracy theories. Powell also faces potential legal penalties for his lawsuits.
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