Judge presses Giuliani, others on $1.3 billion defamation claims

A judge on Thursday grilled Donald Trump’s former personal lawyer Rudy Giuliani and others during a hearing in Washington, D.C., federal court on the $1.3 billion defamation lawsuits a voting machine company filed against each of them for spreading false claims about the November 2020 presidential election being rigged.

Giuliani, former Trump campaign lawyer Sidney Powell and Trump ally My Pillow CEO Mike Lindell have asked U.S. District Judge Carl Nichols to dismiss the lawsuits filed by Dominion Voting Systems, which accused the three of spreading false conspiracy theories that its machines rigged the presidential election against Trump.

At the end of the four-hour hearing, Nichols said he would take all of the arguments under advisement. He said he is not sure yet whether he will write separate opinions for each lawsuit Dominion has filed or one “omnibus” ruling.

“It also means, very likely, the next time you hear from me will be through that opinion,” Nichols said.

Throughout much of the hearing, Nichols questioned Giuliani and the other defendants as to why he should toss the defamation suits, noting that, at this point in the proceedings he is required to assume everything in Dominion’s lawsuit is true.

At one point, Nichols cut off Andrew Parker, a Minneapolis attorney representing the My Pillow company, who was saying there has been “such a public debate” on the issue of U.S. election security.

“Public debate about election security, and various statements by various people that they’re concerned about election security are not the same as saying a particular company intentionally committed voter fraud,” Nichols interjected.

At another point, Thomas Clare, a defamation lawyer representing Dominion, railed against the arguments made by Lindell and My Pillow that Dominion should be considered as a government actor because of its role in helping administer government elections.

“I don’t want the court to be led down the incorrect legal framework,” Clare said.

“I don’t think there’s a risk of that,” Nichols replied.

Giuliani, whose law license was suspended Thursday by a New York state appeals court, has denied defaming Dominion in court filings. During Thursday’s hearing, his attorney, Joe Sibley of Camara & Sibley, argued in part that Dominion has not been specific about the profits it lost due to Giuliani’s claims.

Powell, in the hearing and in court filings, argued her claims were protected by the free speech clause of the First Amendment. Her attorney, Howard Kleinhendler, a New York attorney who has joined Powell in some of her lawsuits challenging states’ results of the U.S. presidential election, parried with Nichols over whether a statement about “patently false” litigation claims can be considered defamation if the false claims are made to the press.

“It depends,” Kleinhendler said, arguing that Dominion has to prove there was “malicious intent” on Powell’s part.

Parker, in an interview after the hearing, said he hopes Nichols rules in his favor, although he said there is a “a very high bar at the opening stage of litigation.” He said Nichols raised “some serious concerns” about Dominion’s case.

“Mike Lindell has a First Amendment right to make the statements that he made,” Parker said. “If Dominion wishes to claim their false or debate those statements, they should do so in the public square. We believe we made that point today strongly. We will continue to make that point if the case proceeds.”

The attorneys for the other parties did not immediately respond to requests for comment.

The cases are US Dominion, Inc, et al., v. Powell, et al., U.S. District Court for the District of Columbia, 1:21-cv-00040; US Dominion, Inc, et al. v. Giuliani, U.S. District Court for the District of Columbia, 1:21-cv-00213; and US Dominion, Inc, et al., v. My Pillow, et al., U.S. District Court for the District of Columbia, 1:21-cv-00445.

For US Dominion Inc, Dominion Voting Systems Inc, Dominion Voting Systems Corporation: Thomas Clare, Megan Meier and Dustin Pusch, of Clare Locke LLP, and Justin Nelson, Davida Brook, Stephen Shackelford Jr., Elisha Barron and Brittany Fowler, of Susman Godfrey LLP

For Sidney Powell: Lawrence Joseph, of Law Office of Lawrence J. Joseph, and Howard Kleinhendler, of Howard Kleinhendler Esq.

For Defending the Republic Inc: Lawrence Joseph, of Law Office of Lawrence J. Joseph, and Jesse Binnall, of Binnall Law Group

For My Pillow, Inc: Andrew Parker, Abraham Kaplan, Elizabeth Wright, Gregory Arenson and Joseph Pull, of Parker Daniels Kibort LLC, and Nathan Lewin of Lewin & Lewin LLP

For Mike Lindell: Douglas Daniels and Heath Novosad, of Daniels & Tredennick PLLC, and Earl Mayfield, of Juris Day PLLC

For Rudy Giuliani: Joseph Sibley IV, of Camara & Sibley LLP

SOURCE: REUTERS LEGAL