Criminal law, Media, Politics, Torts

Will The Trump Team Prove A Global Conspiracy or Will Dominion Sue For Defamation?

The press conference held by the Trump legal team was not for the faint of heart.  The team alleged a global, Communist-backed conspiracy to “inject” and “change” votes through the use of the Dominion computer system. It was exhausting and breathtaking. I was critical of the press conference as being long on heated rhetoric and short on hard evidence. Dominion issued a statement categorically denying the allegations. The question is whether Dominion itself will now sue.  The company denied the allegations but I often measure such denials by whether anyone actually sues.  Dominion could do so and force the Trump team to reveal the evidence supporting their allegations or face potentially significant liability. These are not just colorful but criminal allegations against named companies and by implication corporate officials and political allies.

Trump campaign counsel repeatedly accused Dominion and its officers of criminal conduct and business improprieties. Those are categories of “per se defamation” under the common law. No special damages must be shown in such per se cases. Individual officers could bring defamation claims and the company itself could bring a business disparagement action.

Businesses can be defamed like individuals if the false statement injures the business character of the corporation or its prestige and standing in the industry. In Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc., 472 U.S. 749 (1985) the Supreme Court allowed a business to sue a credit reporting agency for defamation where the agency mistakenly reported that the business had filed for bankruptcy.
Restatement Second § 561 Defamation of Corporations states:

“One who publishes defamatory matter concerning a corporation is subject to liability to it

(a)  if the corporation is one for profit, and the matter tends to prejudice it in the conduct of its business or to deter others from dealing with it, or

(b)  if, although not for profit, it depends upon financial support from the public, and the matter tends to interfere with its activities by prejudicing it in public estimation.”

Dominion appears to be a company with a Colorado headquarters.

There could be lawsuits in Colorado or the place of the alleged defamation. The lawsuit would likely be filed under state law but moved to federal court under diversity jurisdiction arguments.

The press conference was an explosion of potentially defamatory claims by individuals or companies.  The only clear defense is truth.  The team insists that it can prove these allegations.  It may have to do so. Not only can the individual lawyers face such lawsuits but the Trump campaign itself could be liable under the principle of respondeat superior, where an employer is liable for the conduct of his employees when they are acting within the scope of their employment. Ironically, the Latin term means “let the master speak.” The President or his campaign could be forced to speak in a defamation case if they have not spoken in the promised court filings.

There is a question of privilege for legal claims.  There is an absolute privilege for lawyers in making statements in court. That is important because we often voice allegations that impute the veracity or character of parties, particularly in criminal cases. However, that privilege is more limited outside of court. It can still apply but some courts have refused to protect statements made to the press or the public. World Wresting Fed Entertainment, Inc v Bozell, 142 F Supp 2d 514, 534 (SDNY 2001); Kennedy v Cannon, 229 Md 92, 97, 182 A2d 54, 58 (1962).

In other words, if the Trump team does not put forward this evidence in its case challenging the election, it could now be forced to produce it in a case brought by Dominion or its officers.

 

340 thoughts on “Will The Trump Team Prove A Global Conspiracy or Will Dominion Sue For Defamation?”

  1. The Senate commitee found that Paul Manafort had links to Russians. Trump was a novice at politics. When he found out about Manofort he fired him. The senate commitee found no other links by Trump himself or any other members of his campaign. It’s cherry pickin time at the Turley comment section again. The closest they got was a fellow named Carter Paige. It turns out that he worked for the FBI. One would think that when the Democrats tried to use Paige as a Russian connection they would have found out that he was working for the good old US of A. Dumber than a box of rocks with a capital “D”.

    1. The senate commitee found no other links by Trump himself or any other members of his campaign is a lie.

    2. Roger Stone coordinated with Wiki leaks on Russian feeds and reported back to the campaign most likely directly with Trump. Stone and Manafort went way back together and the latter’s messy financial problems, not his Russian and Ukrainian hi jinks is what upset Trump. Meanwhile Trump’s son, and son in law met with a Russian agent on the promise of dirt on Hillary. Later Trump personally concocted the cover lie while on Air Force One. Campaign operative Papadoupolos fished for oppo information from Russia. There is no evidence of the campaign ever turning away offers of help from the Russians or reporting it back to the FBI and they encouraged or accepted help from them on numerous instances that we know of and there could be others.

      I suggest you read the Senate Intel Comm report for more details.

  2. Trump Seeks To Invalidate Black Voters

    But Perceived Malice Is Only Coincidental

    President Trump is trying to cling to power by disenfranchising hundreds of thousands of Black voters. His desperate legal maneuvering is straight out of the old racist Jim Crow playbook — and the vast majority of elected Republicans, to their eternal shame, are going along with him — whether actively or passively.

    In Wisconsin, Trump’s campaign has paid for recounts in just two counties, one of which is Milwaukee County. In Michigan, Trump personally called two Republican officials who now want to decertify the vote in Wayne County, which includes Detroit. In Pennsylvania, Trump’s legal team has challenged vote-counting procedures and made unsupported allegations of fraud in two cities: Philadelphia and Pittsburgh. In Georgia, the Trump team filed a lawsuit targeting absentee ballots in Savannah, and another suit took aim at the state’s ballot-curing process.

    The pattern is obvious and appalling: Trump and the Republicans are trying to invalidate votes in cities with large African American populations — cities that happen to have voted overwhelmingly for Joe Biden. In effect, Trump is arguing that Black people have no right to vote him out of office.

    I’ve seen this movie before. When I was growing up in South Carolina, the segregationist power structure throughout the former Confederacy perpetuated itself by denying African Americans access to the ballot box. Whites used poll taxes and literacy tests to keep Black people from registering to vote; drew jurisdictional boundaries to dilute Black political power; often resorted to physical intimidation at polling places; and, when everything else failed, simply invented reasons not to count African American votes.

    All these years later, I’ve never had the illusion that white supremacy was completely vanquished — not even when the nation twice elected a Black man as president. But I honestly didn’t think I would see such an undisguised, unapologetic reassertion of the white-is-right doctrine of my youth as we’re witnessing now.

    Edited from: “Trump Uses Power Of Presidency To Try To Overturn The Election And Stay in Office” by Eugene Robinson

    The Washington Post, 11/19/20

  3. Trump Seeks To Invalidate Black Voters

    But Racist Overtones Are Strictly Coincidental

    President Trump is trying to cling to power by disenfranchising hundreds of thousands of Black voters. His desperate legal maneuvering is straight out of the old racist Jim Crow playbook — and the vast majority of elected Republicans, to their eternal shame, are going along with him — whether actively or passively.

    In Wisconsin, Trump’s campaign has paid for recounts in just two counties, one of which is Milwaukee County. In Michigan, Trump personally called two Republican officials who now want to decertify the vote in Wayne County, which includes Detroit. In Pennsylvania, Trump’s legal team has challenged vote-counting procedures and made unsupported allegations of fraud in two cities: Philadelphia and Pittsburgh. In Georgia, the Trump team filed a lawsuit targeting absentee ballots in Savannah, and another suit took aim at the state’s ballot-curing process.

    The pattern is obvious and appalling: Trump and the Republicans are trying to invalidate votes in cities with large African American populations — cities that happen to have voted overwhelmingly for Joe Biden. In effect, Trump is arguing that Black people have no right to vote him out of office.

    I’ve seen this movie before. When I was growing up in South Carolina, the segregationist power structure throughout the former Confederacy perpetuated itself by denying African Americans access to the ballot box. Whites used poll taxes and literacy tests to keep Black people from registering to vote; drew jurisdictional boundaries to dilute Black political power; often resorted to physical intimidation at polling places; and, when everything else failed, simply invented reasons not to count African American votes.

    All these years later, I’ve never had the illusion that white supremacy was completely vanquished — not even when the nation twice elected a Black man as president. But I honestly didn’t think I would see such an undisguised, unapologetic reassertion of the white-is-right doctrine of my youth as we’re witnessing now.

    Edited from: “Trump Uses Power Of Presidency To Try To Overturn The Election And Stay in Office” by Eugene Robinson

    The Washington Post, 11/19/20

      2. Sure, Mel, everyone knows it’s normal to exclude entire cities from state vote totals. ..Not..!

    1. You know it’s a shame too because Mnuchin at least from a policy perspective was a lot less mendacious than the rest of Trump’s cabinet. I knew the Mnuchins a little bit from my last few years at the IMF (enough to speak to at the Xmas party; we weren’t best buds or anything). He’s a sharp guy and one of the only ones I thought who might get out of this debacle with his reputation more or less intact (his wife’s social media notwithstanding). He’s clearly conservative but isn’t a weirdo gold bug or “Australian school” nut, was instrumental in passing CARES, etc. This vindictiveness serves no purpose other than to fluff Trump’s ego at the expense of the the nation. It’s a shame, and shameful.

      1. Probably not his call Dirt, though hard to imagine Trump is enough on top of details to order the specifics. Maybe a directive went out to departments to come up with road blocks.

  5. Sydney Powell claimed she had proof of the Dominion votes being switched. Can she prove it?

    The explanation for the switched votes was given that the wrong ballot template was used, making the machine reach the ballot wrong.

    All anyone knows is what’s been reported by the media, which is binary – there either was absolutely zero fraud, and only a little human error, or there absolutely was fraud, as well as the Dominion website. Those two, polar opposite stories have been amplified all over the internet.

    The only proof I’ve seen so far is that ballots were cast for dead people still on the voter rolls. We also know there were mistakes. As Turley pointed out in another article, there are also allegations that Republicans were terrorized into voting to certify Michigan election results when they claimed there were “irregularities” with 71% of the absentee ballots. Therefore, there is a factual basis to claim voter fraud, mistakes, and alleged wrongdoing. We just don’t know for sure what magnitude.

    There is considerable irony that the Democrat party claimed for years that Russia stole the election, and there was foreign interference in general, and are now claiming that there was absolutely no foreign or domestic interference whatsoever. They claim the thought is laughable, really, as is taking the time to examine any evidence. It’s pure politicization.

    We will have to see how this plays out. Let the lawsuits go forward.

    1. Karen, the Mueller Report presented evidence of Russian interference with Trump campaign collusion into our 2016 election and that was recently confirmed by the GOP led Senate Intel Comm report. Google it and read it.

      Let us know when there is any evidence presented of significant voter fraud in this election.

        3. Anonymous, Joe Friday is right. The Senate Report essentially validates the Mueller Probe. Only in the rightwing bubble was anything ‘debunked’.

              1. You are ignorant, a troll and a race baiter. Nothing more need be said because it is a well recognized fact. If you weren’t so ignorant you would be able to add a few pearls to the discussion, but that is impossible for an ignoramus.

      2. “We’ll know our disinformation program is complete when everything the American public believes is false.”

        – William Casey, CIA Director 1981-1987

    2. Lawsuits have been going forward, Karen. Trump has lost 31 of 33.

      He’s now trying to carry out a coup by convincing state legislatures to install him rather than have the electors vote for the winner of the popular vote in their state. Giuliani admitted they’re trying to “overturn the election”.

      Wake up. That he will fail in his attempted coup doesn’t make it acceptable.

        1. Easy Jonathan, and to quote attorney Powell on Lou Dobbs today, get the swing state legislatures to replace the EC delegations selected by voters with those loyal to Trump. He’s doing this in broad daylight now and maybe some GOP leaders will finally get some backbone and denounce it.

          2. I get the general idea, Joe, but I don’t understand how it applies to Michigan. Guess we’ll find out soon, when Chatfield emerges with something to say about the substance of his White House meeting:

            https://apnews.com/article/trump-invites-michigan-gop-white-house-6ab95edd3373ecc9607381175d6f3328

            “Both Shirkey and Chatfield have indicated that they will not try to overturn Biden’s win.”

            “Michigan law does not include a provision for the Legislature to directly select electors or to award electors to anyone other than the person who received the most votes,” Shirkey’s spokeswoman said last week. On Nov. 6, Chatfield tweeted: “Whoever gets the most votes will win Michigan! Period. End of story. Then we move on.”

            Chatfield tweets: “No matter the party, when you have an opportunity to meet with the President of the United States, of course you take it. I won’t apologize for that. In fact, I’m honored to speak with POTUS and proud to meet with him. And I look forward to our conversation.”

            https://twitter.com/LeeChatfield/status/1329844168995299333

    3. Karen, those ‘terrorized Republicans’, a White man and White woman, schemed to disenfranchise the City of Detroit. Like two people have the right to invalidate 250,000 votes? That’s never happened before!

      You can’t just say, “We’re going to exclude from state vote totals Michigan’s biggest city. Because we found a few instances of voter irregularities. Perhaps Detroit will be more responsible in the next election”.

      No, Karen, it doesn’t go that way. Two people just can’t say, “We decided this city must be disenfranchised”.

      Anyone arrogant enough to make those intentions known, under color of authority, should be subject to threats. It would be a travesty to let a scheme like that pass without a violent backlash.

    4. Every election is pure politicization. I am not sure of your point. People voting is an act of politics and that act should be free of corruption. Let every voice be heard and silence the made up voices. Only US citizens have the right to vote in a federal election. Why is that so hard to grasp?

  6. The latest news is: Trump is trying to get Michigan Republicans to award Electoral College votes to him, even though he lost the popular vote. When are Republicans going to stand up to this wanna-be dictator?

    2. Sen. Ben Sasse (R-Neb.) offered blistering criticism of a press conference held on Thursday by Rudy Giuliani and other lawyers representing the Trump campaign, warning that they “erode public trust.”

      “Wild press conferences erode public trust. So no, obviously Rudy and his buddies should not pressure electors to ignore their certification obligations under the statute We are a nation of laws, not tweets,” Sasse said in a statement.

      His remarks were in response to a press conference where Giuliani and other lawyers overseeing the president’s legal challenges levied various claims of fraud and made clear that their goal was to overturn the results in several states President-elect Joe Biden is leading or has been projected as the winner.

      The efforts are aimed at swaying the vote certification process and pressuring state lawmakers to send pro-Trump electors to the Electoral College.

      Sasse, in his statement, urged Nebraskans to pay attention to the legal arguments being made in court instead of press conferences or Trump’s tweets, noting that they are substantively different.

      “Based on what I’ve read in their filings, when Trump campaign lawyers have stood before courts under oath, they have repeatedly refused to actually allege grand fraud-because there are legal consequences for lying to judges,” Sasse said.

      “President Trump lost Michigan by more than 100,000 votes and the campaign and its allies have lost in or withdrawn all five lawsuits in Michigan for being unable to produce any evidence,” he added.

      …
      https://thehill.com/homenews/senate/526819-sasse-condemns-giulianis-wild-press-conferences-they-erode-public-trust

                  1. Palmer is one of the Wayne Co republicans who balked at certifying the vote. She said she was concerned about “out of balance” precincts, most of which were within 3-4 votes.

                    “Palmer even suggested that all of Wayne County’s results except for Detroit could be certified — even though the most out-of-balance precinct, with a 27-vote discrepancy, was in the mostly white city of Livonia”

                    No, she’s not racist or partisan

      3. warning that they [Trump’s people]“erode public trust.”
        ***

        There is no public trust.

    3. I remember when Democrats threatened the Electoral College, and their family members, to try to get them to become faithless. A couple did, as I recall.

      You remarked on a rumor going around that Trump might act like a Democrat, and try to get the EC to change its vote.

      This may be true, or untrue, and it may be in regard to Democrats threatening Michigan Republican election committee members, and their families, to get them to certify the election results despite their finding “irregularities” in 71% of the absentee ballots.

  7. I get calls all the time asking about evidence and cases, the correct response is “no comment, it’s privileged.” Keeping your powder dry and secret is a lawyers stock in trade.

    QFT

    Fuxk Tucker Carlson

    That mediocre minded simpleton.

    1. “Keeping your powder dry and secret is a lawyers stock in trade.” Isn’t that what Sydney Powell was doing despite the press’ feeling that tthey have a. RIGHT to know?

    2. Dude, it’s put up time. There have been over 30 cases filed in court and rejected and states are going to start certifying votes. If you’re going to steal the election you better get on it.

      1. Conrade Friday:

        They have filed 3 cases not 30. They need only produce evidence in court and not where you’d prefer. It’s basic American arithmetic and civics but likely not covered in your collective in sunny Vladivostok!

    4. I appreciate that you recognize “no comment” as a better answer than destroying one’s case when it comes to court, but Tucker is an opinion journalist who should have recognized this fact, but has been one of the best commentators on a wide variety of subjects whether one agrees with his position or not.

  8. BBC News provides an article about voting machines in this election.

    For the dispassionate.

  9. Tucker Carlson just said his show has repeatedly asked Sidney Powell for evidence of her vote rigging claim. He says that she refuses to provide evidence, got angry with his staff, and told them to stop contacting her.

    1. He could have, perhaps, simply watched the Press Conference. It appears that there was plenty of evidence.

    2. I get calls all the time asking about evidence and cases, the correct response is “no comment, it’s privileged.” Keeping your powder dry and secret is a lawyers stock in trade.

      2. Sidney Powell has a senior military officer n Smartmatic whistleblower who has witnessed this used by this company in venezuela. It is cofounded by n a top board member is a Venezuelan man. On the website! I wonder if our CIA was a part of shady participation with this company in influencing elections n the spooks in the CIA dont want this out! Years from now it will be on a history channel special n not so farfetched if you look at past shady behavior of bad actors in our govt. Why debate this? DO THE FORENSIC investigation properly to settle it once n for all. There is alot of shady evidence that it is not implausible.

    3. People forget Bush v. Gore. There was evidence the Bush team had that they refused to release to the media. People got angry at that as well, but do non-thinking people look any further than their nose? This type of critical information is kept secret so that before the SC the opposition is not armed for that argument. That is the way good lawyers function and good businessmen as well. The left is doing the same.

      Additionally Tucker actually criticized the MSM for not reporting the details accurately including the proof that was provided. Tucker surprised me in a negative way because he didn’t recognize that before trial one does not reveal the strategy.

      People need to look deeper. For 4 years the left has been attacking Trump including an impeachment and all of the major attacks were phony including the Steele Dossier, The Russia Hoax, The Ukraine Hoax, etc. Suddenly 4 weeks becomes longer than the 4 years where nothing was found. More has been found against the left in 2 weeks than the left found against Trump in 4 years despite the advantage of the deep state which included the CIA and the FBI.

      The left sucks. They do not understand democracy, freedom of speech etc. They are going down a path certain to eventually kill the golden goose.

    5. That could any number of things. I heard that and he said nothing of the sort, other than Sydney Powell those not to come on his show this eve. “But, we’ll keep on trying” said Tucker Carlson. I remember that, because I also remember thinking, “I don’t blame her; ever since that interview with Maria Bartiromo, she has been constantly bombarded and she was tired and hoarse today

  10. Maybe someone has asked this question: Since Trump’s WH has the Dominion Germany Server who can say who was legitimately elected to the State/Federal Congress, House/Senate?

  11. Dr. Turley,

    Didn’t you mean “impugn” not ” impute? Love your grounded approach to analyzing our grand guignol.

  12. “Attorney Sidney Powell CONFIRMS Alleged Dominion Servers in Germany Were Confiscated”

    Rep. Louie Gohmert said that people on the ground in Germany report that Scytl, which hosted elections data improperly through Spain, was raided by a large US ARMY force and their servers were seized in Frankfurt.

    From our source: The US government, once they determined that this Dominion server was involved in switching votes, then the intelligence community began a search for the server and discovered that the server was in Germany. In order to get access to that server and have it available for use in a legal manner they had to have the State Department work in tandem with the Department of Justice. They had to request that the government of Germany cooperate in allowing this seizure of this server.

    The appropriate documents required to affect that kind of seizure were put in place, signed off on, and it appears there was also US military support in this operation. The US military was not in the lead. But this helps explain why Esper was fired and Miller and Kash Patel were put in place — so that the military would not interfere with the operation in any way.

    By getting ahold of the server they now are going to have the direct evidence of when they were instructed to stop counting. They will also discover who gave the direction to stop counting and who initiated the algorithm that started switching votes. The CIA was completely excluded from this operation.

    During the press conference on Thursday Attorney Sidney Powell weighed in on the Dominion-Smartmatic servers that were reportedly confiscated in Germany.

    Reporter Emerald Robinson: There were reports that a piece of hardware possibly a server was picked up in Germany. Is that true and is it related to this?

    Attorney Sidney Powell: That is true. It is somehow related to this. But I do not know if good guys got it or bad guys got it.

    – Jim Hoft

  13. the US will either secure the secret ballots, dismantle the vote fraud rings, and restore the credibility of elections, or eventually face the music as it devolves into civil war and eventually rump regional state confederacies, or worse

  14. My home state of Texas determined Dominion was easily compromised and a great security risk and has refused to approve them twice. The fact they are connected to the internet and has servers for their software in foreign countries was a determining factor. I doubt they will be suing.

  15. I would strongly suspect that DVS will not sue. A defamation suit would open Dominion up to discovery too.

    After all Truth is an absolute defense.

    All claims do not need to be true – just enough to be damning.

    Defamation by Trump’s legal team is not as damaging as even a small part of their claims being proven.

  16. Does anyone have confidence in the Democrat party at this point? This is the ‘leadership’ in Congress. My god.

    1. Anny-The expression on Nadler face, just the thought of Nadler pinching a loaf and Nancy coming up right behind him, well that’s hilarious. Can you imagine the pungent odor on that stage?

  17. If Dominion has buried bodies one would suspect they wouldn’t want to sue for in discovery they could be hurt worse.

    I have read things about Dominion to lead me to believe they have those buried bodies.

  18. Sidney Powell said “President Trump won by a landslide. We are going to prove it.”

    So prove it already! What are you waiting for?

    1. Cute. Brilliant, Exquisite.

      You’re powers of cognition are vastly superior and exceedingly beyond compare.

      How long was Al “I Created The Internet” Gore’s tantrum, no, the O.J. Simpson trial; that peerless bit of jurisprudential honor and nobility?

    3. “So prove it already! What are you waiting for?”

      It’s called a “trial” — in front of a judge (sometimes with a jury) — with laws and procedures to follow — as opposed to the “trial by public,” mob rule that you (and countless others) demand.

      1. I’m talking about proving it in court, Sam. Trump and his allies have filed over 30 suits already. They haven’t proved their cases in court. They’ve lost over 2 dozen cases.

  19. I recall the same posters who don’t believe Powell and Giuliani had no problem believing A Shitiff and his toadie Smallwall. You remember “we have the proof”, that went on for 3 years. When that didn’t stick they went into a secret bunker to start a bogus impeachment.

    So now we’re to accept the results of an election with a number of irregularities?

    1. The Secretaries of State in all of the states will certify their state’s votes and each elector in the Electoral College will vote according to the certified votes in the state they represent. Because that’s the law, and if we do not follow the law, then we are lawless.

      1. According to the National Conference of State Legislatures, Dec. 8, 2020 is the Deadline for Resolving Election Disputes. All state recounts and court contests over presidential election results must be completed by this date. (3 U.S.C. § 5)

      2. Yes, that could happen even if lawlessness in the election process is undetected. That would not be a just result.

    2. Dude, you’re the guy who refuses to read a recent report from the GOP led Senate Intel Comm documenting and confirming the Mueller Report and which you claim is false. You don’t care about proof.

  20. But … truth is a complete defense so if Dominion sues it opens itself up to discovery (probably something it doesn’t want to do). We will just need to wait and see.

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