Government

Kraken Lawyer Countersues Dominion Voting Systems For Abusive Litigation

Can't wait for the counter-countersuit for abuse of irony.

By Liz Dye on September 27, 2021

(Photo by Drew Angerer/Getty Images)

Kraken Queen Sidney Powell is coming out swinging in Dominion Voting Systems’ billion dollar defamation lawsuit against her, Rudy Giuliani, and Mike Lindell.

In her latest batshit motion, she asserts several creative affirmative defenses to Dominion’s claims, and goes one step further, filing a counterclaim for abuse of process. Which is rich coming from a lawyer who was just sanctioned in the Michigan Kraken case, where US District Judge Linda Parker found that she and the Kraken Krew had “scorned their oath, flouted the rules, and attempted to undermine the integrity of the judiciary along the way.”

In DC, US District Judge Carl Nichols denied the motion to dismiss Dominion’s suit in a scathing order which detailed a dozen of Powell’s incendiary allegations and all but mocked her “I’m Full of Shit” defense. Nonetheless, Powell asserts as her first Affirmative Defense that Dominion has failed to state a claim upon which relief can be granted.

She goes on to argue that Dominion implicitly consented to be defamed:

By entering the public arena in an area as sensitive as free and fair elections in a democracy, Plaintiffs assumed the risk of unfair and even false criticism.

And that Dominion is actually the government:

Plaintiffs’ claims are barred in whole or in part because the statements complained of are of and concerning Plaintiffs in their roles as governmental actors, which deprives them of standing to sue and/or creates an absolute privilege for Defendants.

Also res judicata, promissory estoppel, waiver, unclean hands and — hell, why not? — contributory negligence.

Plus she stands by her allegations that Dominion “flipped,” “weighted,” and “injected” votes to throw the presidential election to Joe Biden.

Furthermore, she’s tacking on a $10 million abuse of process counterclaim on the theory that Dominion is conducting a “Lawfare Campaign” to distract from its own reputational problems.

“Dominion brought this case to punish and make an example of Sidney Powell—a former federal prosecutor who prosecuted 300 appeals on behalf of the United States—for speaking out and drawing attention to the vulnerabilities in Dominion’s election machines and software,” she writes, conveniently eliding the fact that she went far beyond “drawing attention to the vulnerabilities” and accused the company of actively flipping votes.

Dominion initiated a public relations and suppression campaign designed to silence anyone and everyone who had dared or might dare to question the reliability of Dominion’s enterprise and—with regard to this particular lawsuit—to tarnish the reputations of Sidney Powell and Defending the Republic, Inc.

Gotta protect Sidney Powell’s sterling reputation! Wouldn’t want people to get the wrong idea about the person who got her ass kicked all over the federal docket and read for filth in Michigan.

Not to mention … whatever this is.

Powell goes on to argue that Dominion is subjecting itself to discovery and the publicity of litigation “to change the narrative, to hide the truth, and to discourage future challenges and negative reporting.” She even accuses Dominion of sending out “vicious and threatening cease-and-desist letters to non-public figures” and making “inordinately excessive filings to intimidate the recipients” — an allegation which might be slightly more credible coming from someone who hadn’t threatened to “blow up” Georgia with a “biblical” law suit.

In summary and in conclusion, things can always get Krazier with Team Kraken, and they absolutely will.

US Dominion Inc. v. Powell [Docket via Court Listener]

Liz Dye lives in Baltimore where she writes about law and politics.