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. Michael Flynn is now offering full-throated support for his attorney, Sidney Powell : “She is staying the course to prove the massive deliberate election fraud that robbed our votes for President Trump & other candidates.”

    Turley has lavishly praised Powell’s extensive criminal experience. We will soon find out whether JT agrees with Flynn that Powell will provide ample supporting evidence for her claim “The entire election in all the swing states should be overturned & the legislations should make sure the electors are chosen for Trump.”

  2. So where’s that lawsuit, Jonathan? Powell continues to actively, explicitly invite it. Why did Dominion suddenly back out of the legislative hearing in Pennsylvania?

    At the end of the day, you are still a Democrat. Trump should do nothing to legitimate Biden’s claim to victory, given the extensive evidence of election theft. Do you actually understand the seriousness of the situation? Many of us will never consider the U.S. government legitimate, if Biden is allowed to steal the election. It will be cold civil war, at least, well beyond what we’ve seen so far.

    We never should have allowed our electoral system to rely on such unreliable technologies and procedures. I was complaining that to my Republican Senators twenty years ago, when I was still a Democrat, when the issue was still mostly Diebold, as I recall. It should be a bipartisan issue.

    1. I do not believe that the US election was stolen but if the belief that it was by Trump supporters hastens the phase out of voting machines that is a good thing.

      Voting machines are just black boxes in which any kind of malware can lurk and you can be sure that some people have been considering hacking elections and that some executives of voting machine companies have considered that machines with hacking facilities built would have a market.

      One of the reasons for Australia, the UK and the US rejection of Huawei technology in their phone systems is the possibility that it may include trojan horse trapdoors in the circuit level of the chips it makes. It is rational to see a similar possabilty with voting machines.

      Paper ballots counted by humans is the way to go.

  3. It is so difficult to find a source of reliable information on any given media these days, whether it is the google backed internet or the main stream media. These are sad times when lawyers are actually the sources of truthfulness in communication.

    1. No it’s not David. Local and state news, yes as papers are dying out, but there are multiple national and international sources available on line and in print, and there is no excuse for some of the ignorant, uniformed comments seen here regularly. Convincing his followers that only he could be believed has been goal one for Trump since elected . His problem is less than half the country bought that nonsense. The problem for the country is there are millions of members of his cult who did buy it.

  4. Dominion’s Cockroaches Flee the Light

    Did you ever turn the lights on, at night, in a cockroach-infested kitchen? It’s creepy to watch them scatter for the cover of darkness — as the Dominion Voting Systems employees and executives are now doing.

    Fourteen Pennsylvania counties (and countless more around the country) used the Dominion systems in this election. (Those 14 counties account for about 1.3 million PA voters.) And now, under the light of growing investigations, the company’s executives mimic cockroaches:

    “Why after weeks of accusations has Dominion Voting Systems not released any analysis of the success of their voting machines to the public in order to stop their accusers in their tracks? If they have nothing to hide, why are they hiding from us? I am sad to report to the taxpayers of Pennsylvania, the 1.3 million voters who trusted Dominion Voting Systems with their ballots, that Dominion Voting Systems has hung you out to dry and slapped you in your faces.” (PA Rep. Seth Grove)

    The Dominion system, noted Sidney Powell, “was created with so many variables and so many back doors that can be hooked up to the internet or a thumb-drive stuck in it or whatever, but one of its most characteristic features is its ability to flip votes.” (It’s a feature, not a bug.)

    “[T]he Dominion executives,” continued Powell, “are nowhere to be found now. They are moving their offices overnight to different places.”

    Even the baby cockroaches are scattering: Over 100 Dominion employees have deleted their LinkedIn profiles.

    If that is *not* evidence to suspect corporate/voting fraud, then it is not evidence that you seek.

  5. Roger Simon has written about ‘The Plot Against Sidney’ and Glenn Reynolds of ‘Instapundit’ has linked to his article. Simon speaks of what we all see, vicious attacks against Sidney from every direction and Skynet blocking her voice in every channel it controls.

    I have to ask ‘Why?’ If these people are so sure of themselves, why are they unleashing attacks from every direction? Even here CTHD is littering the screen with an unusual amount of her customary ‘copy and paste’ screeds coupled with her almost trademarked ‘Trump is a psychopath’ version of ‘Carthago delenda est’.

    If Sidney ‘has nothing’ it is a type of ‘nothing’ that seems to have them terrified.

    1. They are terrified because some high level Democrats were involved in cheating which potentially is systematic. They are trying to keep things together until after the electors vote. What they are doing to Powell assures me more and more that my guess is correct. Just look back and take note now they handled Biden’s computer and other similar events. They are doing the same. Act brazen, scare people and delay. Things will go away is what they hope.

      1. S. Meyer-

        That seems exactly right. Hoping it will go away.

        Who talks about Hunter Biden these days? Certainly nobody in the media mentions him and big tech is strangling information on him.

        1. I had heard they put him in a drug treatment center but don’t know for sure. That is one way to make him disappear. Then he can come out and say he is a better person. I think Kamala is looking for an Alzheimer Center for Joe.

          1. Alzheimer Center for Joe or maybe falling in front of a truck. I think even the Democrats know he won’t be doing anything but trying to figure out how to open the can of cookies they give him.

            He spoke Spanish to Pelosi today: ” Mi casa es you casa”. God help us.

    2. Young, gives us a straight answer here. Do you think Venezuela and Cuba conspired to ‘steal votes from Trump’?

      1. Joe Biden isn’t beyond using Venzueala and Cuba to get to Trump. He can just turn a “I’ll make no sense ” time and start talkb about Cor Pop blonde hair on his legs in the summer.

    3. And they have no defamation case either…turley cited inapplicable.
      … Vote counting isn’t a corporate business….especially when the Corp can change the count…its kinda like res Ipsa…..dah. The proof is already had. The system already had a glitch one way. Powell can’t be sued for zealously advocating for an accurate system. Where their own users manual says how to change votes. If that is defamation…God help us.

    4. They are terrified….because you can’t have glitch when it comes to men doning their uniforms. When the lie is completely obvious the ticking time bombs will stop killing….themselves. Thats why Feinstein needs the vets disarmed…lest they go to war instead of to the shrink wrapper.

  6. Missing entirely from the article ( and the press conference) – an apparent elephant in the room problem with evidence.
    1. There wss no mention anywhere of the CIA
    2. The voting machines have likeky been used by the CIA to overturn elections in other countries.
    3. If true, producing evidence on how they do that might amount to revealing or admitting CIA treachery
    4. This could be seen as a breach of National Security and therefore ruled as unadmissable in court.
    5. This problem became apparent by the glaring omission of the CIA in Syndey Powell’s statements.
    6. This will remain their biggest challenge.

    1. This could be seen as a breach of National Security and therefore ruled as unadmissable in court.

      🤔 Are you insane? What you’re suggesting is a transfer of total power to the CIA and/or some other agency, merely because something we use to undermine the national security of a foreign country was used on us.

      God forbid a bioweapon is released into this country.

    2. Bill is right. Chickens come home to roost. CiA’s interferences in elections are well known. Now they are gaming us like enemies of our own country

      Well if it wasnt clear enough back after JFK was supposedly shot by a “lone nut” with a “magic bullet” then it’s clear enough again

      Dismantle CIA or eventually the USA will disintegrate.

      Some days I wonder, perhaps that is precisely their intention?

      Saloth Sar

    3. So her affidavit via cia guy might get squashed under by nsa but the Corps own user manual still exists. The very fact it doesnt just count 123456789…..and needs an algorithm. To count….can’t fool a kindergartener……

      1. This wouod apper to be a tempest in a tea cup as the guilty do not expose themselves to litigation Discovery, for obvious reasons. To do so merely seals their demise. Sidney Powell is cleaely aware of this.

    4. You mention that missing from the article, but I’m not able to find out hen hou wrote this. By now, it is known she’s on her ownShe mentioned the CIA when she was on with Maria Bartiromo and she mented Gina Haspell in this, so I think she’s got the CIA covered..

      CiIA, Nsntiol Secury, breaching that trust, and evidence. She can make it admissable. It’s not easy, but if HRC can do what she did from her own server-the again, that ay be whyc Hillary hasn’t got to prion.

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