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. Didn’t you say: “When are they going to prove it?”

      Yes, factual errors were made but that is why time is an important element in litigation. The time span is very limited for the job at hand. Yet, you keep asking “When are they going to prove it?” Do you always take both sides of an argument?

      1. Kayla, we don’t have the Cliff Notes to figure out what you’re trying to say. Though it sounds like you think the whole country should just patiently sit back and let Trump’s lawyers take their good sweet time in laying out a case. In the meantime, we can just put the transition ‘on hold’ (like that’s perfectly reasonable).

        1. If you don’t understand that is your problem. Go to the public school in your area and see if they have adult learning classes.

          If there was coordinated fraud by the left I wonder how long it took them to create the plan? A year, Two years? Whatever the timeline after 4 years investigating this President and proving nothing you will have to wait about 4 weeks to get resolution.

          Try not to sound like a troll that uses several different icons.

  1. JT: “…if the Trump team does not put forward this evidence in its case challenging the election…”

    Uhhh, that’s what they said they’re going to do IN COURT. Powell specifically referenced the damning testimony of one of the ACTUAL affidavits that will be filed…that’s one of over a hundred affidavits.

  2. Dominion voting software can permit staff to manually adjust ballot returns during counting process
    Process of “adjudication” allows for “resolution of voter intent.”

    Voting software deployed by the election hardware company Dominion Voting Systems can allow election staffers to manually adjust tally amounts while reviewing scanned ballot images, a process that the company says allows for “resolution of voter intent” in cases where ballot marks are unclear.

    Continued: https://justthenews.com/politics-policy/elections/dominion-voting-machines-can-permit-staff-manually-adjust-ballot-results

  3. In sworn statement, prominent mathematician flags up to 100,000 Pennsylvania ballots

    Federal Elections Commission Chairman Trey Trainor says new analysis by professor Steven Miller “adds to the conclusions that some level of voter fraud took place in this year’s election.”

    In a sworn declaration, a respected mathematician says his analysis of election data and phone interviews with Pennsylvania voters raises questions about as many as 100,000 absentee ballots requested in the key battleground state where President Trump and Joe Biden are separated by just about 82,000 votes.

    According to Pennsylvania state data for early and absentee ballot requests, there are roughly 165,000 ballots requested in the names of registered GOP voters that had not been counted as of Nov. 16.

    https://justthenews.com/politics-policy/elections/mathematics-prof-says-sworn-statement-many-56000-gop-ballots-pa-may-be?utm_source=breaking-newsletter&utm_medium=email&utm_campaign=newsletter

  4. National conservative group Amistad Project to challenge presidential election results in key states
    The Trump campaign will join with Amistad Project on the lawsuits on case-by-case basis

    The national conservative legal group Amistad Project of the Thomas More Society on Friday announced that it will file federal and state lawsuits challenging the presidential election results in Wisconsin, Pennsylvania, Michigan, Nevada, Georgia and Arizona, the group has announced.

    The Trump campaign is joining with the Amistad Project on the lawsuits on a case-by-case basis, said Rudy Giuliani, who is leading the campaign’s legal efforts, the group also says.

    Just the news

  5. Hey Jonathan, would you as an attorney reveal all your evidence before you had to? Let them file their cases and see what happens. Gore got 37 days, it’s only been about two weeks. They have to keep moving along and expeditiously, but give them the same courtesies you would expect.

    1. Gore didn’t take 37 days to file suit. He did that quickly. It took 37 days for the cases to work their way through the courts and for the case that reached the Supreme Court to be ruled on.

      If Trump is planning to file any additional suits or to appeal any of the rulings to date, he should do it already. What is he waiting for?

      The situation here is also quite different from FL in 2000. The Electoral College victor in 2000 was going to be determined by the victor in Florida (one state) where the two candidates’ vote counts differed by only a small number of votes.

      Biden’s EC victory doesn’t depend on a single state, and the difference in vote counts in the states that Trump is contesting is much larger.

      1. The 2,000 question was due to a close election plus the butterfly ballots in PBC.

        This election question is based on a reasonable question of widespread corruption by the Democrats. If the corruption exists it will take time to get the evidence together if that can even be done.

        Why do you think the process should be over in days? How come it took 4 years of investigation of Trump to end up with nothing? 4 years vs approximately 4 weeks. You are a bit hyper partisan.

      2. The Gore case was not Fraud but validity of data (punch cards) and yes the variance was much smaller. The implication here is Fraud on a massive scale across multiple states, you would think that would instill a little more patience, not less. Again, let it play out, if there is nothing to hide, there is no reason to try and stop the action. If Dominion wants to sue, go ahead, but based on their bailing out of offices in Toronto, their employees running for the hills and Dominion not showing up for a planned hearing today, does not look like they think they are innocent.

        1. Harry, Trump’s lawyers say that they already have evidence. How could they know that there “is Fraud on a massive scale across multiple states” if they don’t have evidence of it already?

          So far, the affidavits they’ve filed don’t show what they claim. When are they going to present evidence that demonstrates their claims of massive fraud?

    2. I think you’re missing his point. He’s not saying their case is weak because they didn’t reveal their evidence. He’s possibly saying just the opposite: that they would even make these allegations, and knowing the law as they do, the liability they opened themselves up to indicates that they must have evidence and are willing to prove it. Otherwise, their move would be insane.

  6. Watching the reactions after the Giuliani/Powell press conference was like watching a culture-wide temper tantrum: “Where’s the evidence? I demand evidence. I want it now!” (“Better yet, damn the evidence. Just hang ’em.”)

    Your desire for immediate gratification (and bloodlust) are duly noted. And that is one reason why “trial by public” is an ogre.

    What’s truly baffling is that so many otherwise smart people ignore the obvious. Attorneys hold press conferences all the time: “My client’s not guilty.” “The defendant is guilty,” etc. They realize that a press conference is where you *assert* a conclusion. A *trial* is where you present the evidence.

  7. Just watched PA reps in Harrisburg hold a press conference. Dominion lawyered up and backed out of a fact-finding meeting they were supposed to have with PA legislators today. Not confident they’ll be suing for defamation…

    “PA State Rep. Mike Jones
    3 hrs ·
    DOMINION TO BE A NO-SHOW

    UPDATE: At 10 pm last night, members of the House State Government were informed that Dominion Voter Systems would not be testifying today @ what was to be a fact-finding hearing with voting machine manufacturer Dominion Voting Systems.

    Instead, committee members will be holding a news conference at 10 am TODAY to address Dominion’s failure to appear and choice to pull out @ the virtual last minute.

    I’ll be streaming the news conference here.”

    https://www.facebook.com/RepMikeJonesPA/?hc_ref=ARQD1kVN_qj5K3GUg8KdBs8F7GFlCFw-aGsh1_H-QEcgX1BQRzhv9BiiAVCiyH0Yr6k&fref=nf&__tn__=kC-R

    The press conference:
    https://www.facebook.com/pahousegop/videos/137703381053545/UzpfSTU3MTQ3MTgxOTk2OTMwODoxMDkyMzk0MDYxMjEwNDEy/?hc_ref=ARQD1kVN_qj5K3GUg8KdBs8F7GFlCFw-aGsh1_H-QEcgX1BQRzhv9BiiAVCiyH0Yr6k&fref=nf&__tn__=kC-R

      1. http://www.repgrove.com/video/latestvideo

        https://www.abc27.com/news/us-world/politics/election/state-government-committee-to-hold-virtual-hearing-on-voting-machines/

        “Upcoming Meetings
        Friday, November 20, 2020
        *10:00 AM
        STATE GOVERNMENT
        Informational meeting with Dominion Systems and any other business that may come before the committee. Dominion Systems will be attending virtually.
        cancelled”

        legis.state.pa.us/cfdocs/cteeInfo/Index.cfm?CteeBody=H&Code=36

      2. Too many links. Oops.

        http s:// www. abc27. com/ news/us-world/politics/election/state-government-committee-to-hold-virtual-hearing-on-voting-machines/

        “Upcoming Meetings
        Friday, November 20, 2020
        *10:00 AM
        STATE GOVERNMENT
        Informational meeting with Dominion Systems and any other business that may come before the committee. Dominion Systems will be attending virtually.
        cancelled”

        https://www.legis.state.pa.us/cfdocs/cteeInfo/Index.cfm?CteeBody=H&Code=36

        1. Thanks Prairie. Keep us posted please if you see any other coverage. I googled it, including under Rep Jones and got nothing.

          1. Hmmm. Shadow-banning underway?

            Someone tweaked an algorithm…

            Try searching the particular pages of some of the House Republicans in PA.
            http s:// www .face book. com/ RepToohil/
            http s:// ww w.face book. com/ RepSankey/
            http s:// www. face book .com / repnelson/

            It’s on their pages. However, I, too, did a quick search on Google and on DuckDuckGo and found some spiderwebs and a dead cricket…

  8. Here is attorney Lin Wood’s response to the prospect of a Dominion defamation suit:

    “I know defamation law. Defamation law is a friend of mine. Dominion is not going to sue anybody because TRUTH is an absolute defense.

    Plus discovery in the case will open the cookie box to even more evidence that Dominion interfered in our US Election.”

    It would be a mistake to underestimate Lin Wood.

  9. The “direct evidence” Giuliani said he would not reveal were the names and statements of the witnesses, to protect them from harassment like the kind in the Michigan Zoom call. Anyone reporting that they did not “show evidence” should state this along the claim that evidence was not shown. You would for Eric Ciaramella when he was “the whistleblower”; the fact that you won’t apply that standard here is bias.

    1. Arsumbris, the whistle blower was properly vetted under specific protocol before we ever heard of his complaint.

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

      They didn’t prove it yesterday. When are they going to prove it?

      They’ve had 2 weeks already. They claim that this software has been around for over 7 years.

      As for the whistleblower in the case of Trump’s conversation with Zelensky, the Inspector General investigated and confirmed that there was credible evidence before it was ever made public, and Trump himself later confirmed the conversation with the semi-transcript. This is not at all analogous to whether the whistleblower’s name was identified, because the evidence itself — the semi-transcript — was released.

      Powell said yesterday that the affidavit was appended to the suit filed by Lin Wood in GA, but yesterday, that suit was dismissed by Judge Grimberg. The judge didn’t find the affidavit compelling. He wrote “It is well established that garden-variety election disputes do not rise to the level of a constitutional deprivation.” What Powell is alleging is far from “garden-variety” and the judge didn’t buy it.

      The Electoral College votes on Dec. 14, so whatever they’re going to prove, they’d better do it quickly

      1. “When are they going to prove it?”

        Don’t you think that is obvious? ” The Electoral College votes on Dec. 14,” What is your rush? You have had time for you to prove your case on the blog and you still haven’t at least in the time period I have been around. That time period is longer than 2 weeks.

        The final proof or lack of proof will be provided by Dec. 14 or likely in front of the SC. Two weeks isn’t long until partisan bias enters the picture and then 2 hours is way too long.

        Lighten up.

  10. Jonathan take a look at Prince Charles Instagram Clarence house June 11th when he met with Justin Trudeau of Canada and how he talked about there was an opportunity to use this virus to enact a global reset for more fair equity.

  11. Rigged voting software is not a threat to elections in the US but to those Latin American nations (eg Bolivia, Venuzuela) in which the US kleptoplutocratic elite does not want “Democratic” elections.

    If Dominion does not sue we will know that The Republican’s allegations are true. That does not mean that the Democrats used Trojan voting software or would dare to use such in a US election and risk exposure and destruction of the software’s utility in subverting elections that the whole US elite of both parties and the CIA needs to prevent democratic results.

    Each week day I watch a program called “The Drum” on ABC’s TV network (Note The Australian Broadcasting Commission not ABC US). The Drum is a current affairs program with an ABC journalist moderating and a panel of (usually) 4 interesting people. These include academics, entrepreneurs, ethnic people (not representative of Australia’s anglo-celt mainstream), ex-politicians, journalists, lawyers, medical doctors, military officers, politicians and others that I cannot at the moment recall. The program is also available for 7 days only on the ABC’s streaming service “iview.net.au (can’t include a link as links don’t work now for me). The program involves 4 approximately 15 minute segments on issues of current interest.

    At the moment the New South Wales (NSW) Gaming Authority is inquiring into the operations of a casino business called “Crown Resorts” that has just finished building a skyscraper Hotel-Casino complex on a prime site on the shores of Sydney Harbour and which is expected to depend for revenue on junkets for “high roller” gamblers from the PRC. Shock, shock, horror, horror, surprise, surprise this enquiry has found out that Crown Resorts’ other Australian casinos have been turning blind eyes to obvious evidence of money laundering for years. When I heard this my snark circuit activated and generated the thought “Why the #@*/ would one own a casino if one didn’t expect to profit from money laundering”.

    Later when reading the prof’s post above and some of the comments I thought “why own a voting machine business if you are not including options in the software for very rich people to steal elections?”. Surely there is a market for such software as there is for encryption software with Trojan trapdoors built in, like that of the European encryption business owned jointly by the CIA and Germany’s equivalent. Of course there exists a potential market and surely at least one voting machine company is working on exploiting it.

    I don’t think black box voting machines and software can ever be trusted unless the software is examined and decompiled at the machine code level and all the connections of components of silicon chips on the computer board examined at nanometre scale which may now be impossible such is the complexity of current chips. If such investigations are possible they would be prohibitively expensive and would need to be repeated with every software release and silicon chip change.

    The blog for worries about machine voting is the Brad Blog bradblog.com.

    Note I tried to insert links to iview and bradblog but on WordPress links no longer work for me as the urls get prefixed with Turley blog related path components.

  12. They absolutely need to be forced to show their evidence. Or is this political theater to cast doubt, claim they ran out of time and call it mission accomplished. Either way the public should know for certain.

  13. So since Ted Cruz didn’t sue Trump for defamation therefore Cruz’s father was involved in the assassination of JFK. You literally stated on Fox that Rudy’s ramblings at his presser were “evidence”. No they are allegations. Seriously questioning your mental abilities at this point.

  14. The good folks at Dominion are probably jumping for joy at the prospect of all those lawsuits. Just think of all the money to be made. What an opportunity. What if they don’t sue? Maybe they would rather keep the old Dominion activities on the down low. No reason to stir the pot there boys. What a dilemma. If you go for the money you have to tell exactly what your activities entail. Who are you foreign contacts? What campaigns did you give money to? Who are your companie principles? Who financed your start up? Could get real messy. Turley gave me the tip. I’m trying to bet on them suing, but my bookie won’t take the action.

    1. Trumps team must know their is something that will come up in discovery that Dominion does not want the public to know, It may no have something to do with this case but ugly enough Dominion does not want it aired out. It is a Poker hand me thinks.

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