DocumentCloud
Pretty withering response. I didn’t follow Powell’s crazed ranting all that closely, but Dominion did. As it turns out, a lot of what she said completely undermines her defense.
This part is so incredibly damning to her case:
(Beginning on the 20th page of the linked document)
"...Just recently, Powell appeared on the
Dinesh D'Souza Podcast, during which she again doubled down and made clear that her accusations were to be understood as assertions of
fact, which D'Souza expressly acknowledged:
D'Souza: The Left is now jubilantly claiming - I just saw Jake Tapper on CNN - that after insisted for weeks that there was widespread fraud in the election, in fact that Trump won the election and won it decisively, now in the context of the most recent case, your attorneys have filed a brief that says, quote 'No reasonable person would conclude that the statements' - statements made by you - 'were truly statements of fact.' So the argument is - and Jake Tapper acted like this was a big win for his side, that you're now saying that this was mere opinion, while
many people, for along time, thought you were saying it was a matter of fact that there was in fact widespread fraud and enough fraud to make the difference in the 2020 election. So are you backtracking from what you said before?
Powell:
Oh no, I am not backtracking a bit. What they are misquoting from and taking out of context is the statement from a new decision out of the D.C. Circuit that is binding in my case. And it's not what I said at all.
I firmly believe everything I said was true. It was based on thousands of pages of affidavits, expert reports, mathematical analysis that cannot be challenged, statistical work that cannot be challenged. I mean, the data does not lie. And there was, in fact, massive widespread fraud through this election and Donald Trump should be the president right now. In fact, if the law were applied correctly, he is.
D'Souza: So you're not taking any of it back. You're not taking refuge in the distinction between fact and opinion.
It seems to me what you're saying is, "Yes, I have the opinion that there was widespread fraud, but this is not opinion free floating in the ether. It's an opinion anchored in a whole bunch of testimonies, affidavits, all types of evidence, statistical evidence, and so on. It's opinion that's rooted in fact...
Powell: I'm not backing up one inch.
Everything I said about Dominion, I had a factual basis for. Any reasonable person looking at the evidence I've seen would come to the same conclusion. And I would encourage people to go to my website sidneypowell.com and look at the evidence themselves. We uploaded it, all the pleadings to the website and people can read it themselves, or at defendingtherepublic.org...
We have done the math and more math is coming... They not only ran an algorithm in the machine to shave votes, which their own manual admits they can do, so they weighted Biden votes at say 1.26 and they weighted Trump votes at .74. So a Trump vote only counted 3/4 and a Biden vote counted 1 1/4. That ran standard across the country as best we can tell from the evidence we're collecting. And then there was specific flipping of votes in any number of key states and cities. In fact, if you think about it, they only really had to take over six key cities, all of which happen to be in Democratic strongholds, to flip this election for Biden.
And we're gathering more evidence every day of how the votes were flipped and where and how many.
In sum, after representing to this Court that
"no reasonable person would conclude that [her] statements were statements of fact," Powell went on television the following week to tell viewers "there was, in fact, widespread fraud through this election." Powell's lies are plainly actionable and she should be held accountable."
All emphasis is from Dominion's response.
If I were Powell's attorney, I'd quit. This idiot is begging to lose this suit.