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Sidney Powell’s Tucker Carlson-esque defense: ‘Reasonable people’ wouldn’t take her wild voter-fraud claims as fact
Her legal team claims that “reasonable people” would not take her claims about widespread election fraud as fact.
So there you have it: One of the chief architects of former president Donald Trump’s baseless effort to overturn the 2020 election admits that maybe, actually it was just that baseless and she was just saying stuff.
The problem is that the Powell filing makes very clear that Powell does believe the things she said, and made an argument about how her statements characterizing the evidence of voter fraud should be understood by the court...
Powell made characterizations of the evidence, and she provided the evidence she made those conclusions upon. Dominion is complaining about the characterizations and not the evidence. And since the characterizations are political assessments, it doesn’t matter whether the facts are true or not, they are protected under the first amendment.
This is a classic “in the alternative” argument made to show that even if a Plaintiff’s claims are accurate, they are not legally actionable. [2] It does not mean that the defense, in this case Powell and her legal team, believe that her claims are baseless, it means that they do not think the Plaintiff can prevail as a matter of law.
To succeed in the case against Powell, Plaintiff Dominion must show that Defendant Powell’s statements were “false and made with reckless disregard for the truth” at the time they were made.
Powell makes no attempt to support the statements with evidence in this legal filing, nor did she or others working on behalf of the Trump campaign provide any such plausible evidence during the 60-plus court cases brought in connection with the election. Given this utter lack of evidence, Powell was wise to change course. Unfortunately, her new argument won't fare much better; instead of claiming that her statements were actually true, Powell now argues that she did not defame Dominion because her statements were not factual in nature at all, but instead were merely her opinions.
The burden of proof for a defamation case rests on the plaintiff. This means the person who was the subject of the false statement must prove these four elements for a successful case. As with most civil cases, the plaintiff must demonstrate these elements true by a preponderance of evidence.
Her legal team claims that “reasonable people” would not take her claims about widespread election fraud as fact.
originally posted by: Sookiechacha
a reply to: Klassified
Her legal team claims that “reasonable people” would not take her claims about widespread election fraud as fact.
To be fair, her claims weren't directed to "reasonable people", and "reasonable people" didn't believe her claims.
originally posted by: SeektoUnderstand
a reply to: SeektoUnderstand
If so, why ask for dismissal??
Unsure what your bar for "reasonable" is.
A federal judge on Thursday dismissed a lawsuit against Fox News after lawyers for the network argued that no "reasonable viewer" would take the network's primetime star Tucker Carlson seriously.
The judge agreed with Fox's premise, adding that the network "persuasively argues" that "given Mr. Carlson's reputation, any reasonable viewer 'arrive[s] with an appropriate amount of skepticism' about the statements he makes."
originally posted by: Sookiechacha
a reply to: jjkenobi
Not really. The Wapo article by Aaron Blake is labeled "Analysis". It's an opinion, like Sydney Powell is arguing that her lies were opinions.
Take opinions with a grain of salt.
The media are not the courts and they have no business deciding what is and isn’t unfounded and baseless.
originally posted by: Sookiechacha
a reply to: NorthOfStuff
The media are not the courts and they have no business deciding what is and isn’t unfounded and baseless.
That's your "unconstitutional" opinion, of course. There is still that pesky Free Press and Free Speech amendment in the Constitution.
An "analysis" piece is the same as an "editorial" piece. News outlets have been doing "editorial" pieces forever.