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re: Dominion lawsuits against Powell, Lindell and Rudy move ahead---this should be interesting

Posted on 8/13/21 at 4:41 am to
Posted by FCP
Delta State Univ. - Fightin' Okra
Member since Sep 2010
5093 posts
Posted on 8/13/21 at 4:41 am to
quote:

they should not have even presented the Motion to Dismiss
12(b)(6) motions are mostly perfunctory, and it would probably be close to legal malpractice to forego seeking dismissal at an early stage.

I'm interested to see if/when they use any anti-SLAPP defenses going forward. Been a while since I've used those myself, so I'm a little rusty on application/timing. To the best of my memory, it can be used at pretty much any time, although it's usually engaged prophylactically.
Posted by Bulldogblitz
In my house
Member since Dec 2018
28155 posts
Posted on 8/13/21 at 4:44 am to
quote:

I suspect Dominion is not interested in a settlement--they are going to want to get in front of a jury and make the three defendants put up or shut up under oath


...without having to go through discovery and end up showing how rigged a black box they sold interested parties.
Posted by BabylonNTing
[Redacted]
Member since Jul 2021
140 posts
Posted on 8/13/21 at 4:51 am to
This pretty much sums it up:


Posted by dafif
Member since Jan 2019
7846 posts
Posted on 8/13/21 at 5:47 am to
Ever hear of a spoliation claim?
If they had the evidence and it was in their possession ie their machines and the evidence is gone, the jury will be instructed that the information contained is presumed to be against the party that had the information

At some point all those machines will have to be examined.
This post was edited on 8/13/21 at 5:49 am
Posted by dafif
Member since Jan 2019
7846 posts
Posted on 8/13/21 at 5:54 am to
quote:

Dominion has the fact


Actually, no they don’t.

But don’t let your ignorance stop you... it never has
Posted by honeybadger07
The Woodlands
Member since Jul 2015
3754 posts
Posted on 8/13/21 at 10:33 am to
So now we get discovery?
Posted by Jjdoc
Cali
Member since Mar 2016
55372 posts
Posted on 8/13/21 at 10:38 am to
Yes.

Here's why. They can not claim that their systems don't do "XXXX" Without showing it.

It's not their words. It's an accusation that was made. And the only way to prove it false is via actions.


Posted by JJJimmyJimJames
Southern States
Member since May 2020
18496 posts
Posted on 8/13/21 at 10:39 am to
quote:

Ever hear of a spoliation claim?

If they had the evidence and it was in their possession ie their machines and the evidence is gone, the jury will be instructed that the information contained is presumed to be against the party that had the information

At some point all those machines will have to be examined.
ABSOLUTELY

CHEATING IS NOT WINNING. Democrats need demonstration of this.
Posted by TheRouxGuru
Member since Nov 2019
13381 posts
Posted on 8/13/21 at 10:48 am to
quote:

I B Freeman



You are such an disingenuous cock sucker

frick you and the rest of the liberal pussies that have infested our once great country
Posted by hubertcumberdale
Member since Nov 2009
6803 posts
Posted on 8/13/21 at 10:49 am to
quote:

You are such an disingenuous cock sucker



Sounds like Mike Lindell is the disingenuous cock sucker lmao...muh data packets!!!!
Posted by hawkeye007
Member since Feb 2010
6061 posts
Posted on 8/13/21 at 10:52 am to
this board will never back down, these 3 fine individuals are heros. Doesnt matter if they back track in the case of Powell. Discovering will be interesting, if dominion wins this it want matter to this board, the whole system is curropt!
Posted by oklahogjr
Gold Membership
Member since Jan 2010
40237 posts
Posted on 8/13/21 at 11:07 am to
Jjdoc is a pedophile. He spends tons of time online, which pedophiles do. and he talks to anonymous strangers on the internet all day. Again this is a common pedophile activity. He even spends time talking and sending messages about children in the poliboard

quote:

Message
Dominion lawsuits against Powell, Lindell and Rudy move ahead---this should be interesting by Jjdoc
Yes.

Here's why. They can not claim that their systems don't do "XXXX" Without showing it.

It's not their words. It's an accusation that was made. And the only way to prove it false is via actions.


Do prove us wrong JJ. Show us how many kids you didn't diddle.
Posted by Bandit1980
God's Country
Member since Nov 2019
4410 posts
Posted on 8/13/21 at 11:20 am to
Dems are jackasses.


Every last one of them.
Posted by hubertcumberdale
Member since Nov 2009
6803 posts
Posted on 8/13/21 at 11:24 am to
quote:

Here's why. They can not claim that their systems don't do "XXXX" Without showing it.

It's not their words. It's an accusation that was made. And the only way to prove it false is via actions.


quote:

A presumption of innocence means that any defendant in a criminal trial is assumed to be innocent until they have been proven guilty. As such, a prosecutor is required to prove beyond a reasonable doubt that the person committed the crime if that person is to be convicted. To do so, proof must be shown for every single element of a crime. That being said, a presumption of innocence does not guarantee that a person will remain free until their trial has concluded. In some circumstances, a person can be held in custody.
Posted by oklahogjr
Gold Membership
Member since Jan 2010
40237 posts
Posted on 8/13/21 at 12:24 pm to
He didn't even bother to refute me. Definitely into children.
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
29979 posts
Posted on 8/13/21 at 12:33 pm to
quote:

I'm interested to see if/when they use any anti-SLAPP defenses going forward


The Sydney/Rudy/Mike cases are in Federal Court in DC. There is no Fed anti-SLAPP and the circuits are split on applying state anti-SLAPP to a fed case. The DC Circuit just ruled in Tah vs Global Witness that DC's anti-SLAPP statute conflicts with FRCP and thus can not be applied.*


The remaining four cases were filed in DE which has fairly narrow anti-SLAPP law.



* I will say the DC Circuits opinion regarding malice (NYT v Sullivan) in the Tah ruling may be an obstacle for Dominion at least in the appeals phase, if it comes to that.
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
29979 posts
Posted on 8/13/21 at 12:44 pm to
quote:

Ever hear of a spoliation claim?
If they had the evidence and it was in their possession ie their machines and the evidence is gone, the jury will be instructed that the information contained is presumed to be against the party that had the information


There is no question Rule 37 issues will come up from both sides. I think one of the big issues may well be the possession issue on the Dominion side ie who has had possession and the CoC.
Posted by Hurricane Mike
Member since Jun 2008
20059 posts
Posted on 8/13/21 at 9:05 pm to
quote:

She and the other defendants may well have taken advantage of the emotions of the Trumpkins.


That’s not how it works. We’re not Dim’s acting on emotions and we’re not Trumpkin’s, we’re freedom loving Americans

You fricking communist
Posted by davyjones
NELA
Member since Feb 2019
34996 posts
Posted on 8/13/21 at 9:22 pm to
quote:

She and the other defendants may well have taken advantage of the emotions of the Trumpkins.

So these attorneys, knowing full well that a lawsuit against them was a real liklihood, made the conscious decision that the potential windfall of "emotional Trumpkin" donations was just too great to pass up, and dove right in with their allegations and statements about Dominion anyway? They estimated the donation windfall to easily outweigh the risk of potentially hefty monetary damages entered against them? Seems like a pretty tough sell right there.
Posted by AURaptor
South
Member since Aug 2018
11958 posts
Posted on 8/13/21 at 9:24 pm to
Throwing Powell, Lindell and Rudy into the briar patch.


* excellent *
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