Alan Dershowitz Tries To Save Mike Lindell, Asks Federal Judge To Certify Questions, Take Them To Appellate Level

Legal scholars are going to be burning the midnight oil over this one. Alan Dershowitz must have dreamt this up one night when either his conscience or some very spicy food was keeping him awake all night, maybe both. Dershowitz has a legal theory that Dominion Voting Systems acted as the government. It will be interesting to see him prove that one up. Yes, Dominion contracts with the government, but acting as the government, in its place and stead? Seriously?

Then, if you buy that Dominion is a government actor, you need to buy this next: That Mike Lindell didn’t really know that his allegations against Dominion are false, because he’s so delusionally committed to his quest. He really believes what he says is true. It’s a kind of insanity defense in a civil setting. Let’s see if it flies as well.

And then you need to buy that Lindell’s comments are not really defamatory, they’re constitutionally protected speech due to the “robust public debate” about the election, which seems to translate as, if everybody’s talking crazy then it should be legal?

Before your head explodes, read the details at Law.com.

The lawyers asked the judge to certify two legal questions to the federal appeals court. The first is: “Whether a defamation complaint by ‘a public official against critics of [its] official conduct’ must be dismissed at the pleading stage under New York Times v. Sullivan if the complaint (a) fails to allege any direct evidence of a statement or act that the defendant knew was false, and (b) relies only on circumstantial inferences to prove reckless disregard.”

The second question asks: “Whether, under New York Times v. Sullivan, a court may deny a motion to dismiss a defamation complaint by ‘a public official against critics of [its] official conduct’ without taking judicial notice of material establishing a robust public debate on the issues set forth in the complaint.” […]

My Pillow attorneys, including Alan Dershowitz and Supreme Court veteran Nathan Lewin, argue they believe the appeals court will rule in their favor and find “Dominion’s complaint did not satisfy the most stringent actual malice requirement under New York Times v. Sullivan, which applies to a government actor operating in the context of a large public debate.” Lawyers with the Minnesota firm of Parker Daniels Kibort are also representing My Pillow.

“This is because (a) the complaint fails to allege any personal statement or act by Michael Lindell showing that he knew his allegations concerning Dominion were false or that he recklessly disregarded the truth of his allegations, and (b) the robust public debate surrounding the subject matter of Lindell’s statements affords him constitutional protection and bars any inference that he spoke with actual malice,” the filing continues. […]

Dominion recently filed new lawsuits against former Overstock CEO Patrick Byrne and One America News Network in D.C. federal court, as well as a complaint against Newsmax in Delaware Superior Court.

What was it that Mo Brooks was advocating January 6? Kicking ass and taking names? I do so hope that Dominion wipes the sidewalk clean with these guys. Dominion’s name got dragged into the Big Lie conspiracy theory by simple virtue of the fact that they are a voting machine company. They are the textbook definition of the innocent bystander. The wingnuts needed a scapegoat and they found one. The fact that Dominion executives had to hide from death threats while right-wing media personalities disparaged them openly and by name on right-wing outlets is a case of first impression, so far as I know. I hope Lindell and the rest of them get so burned financially that nobody tries this level of abuse in years to come.

This is going to be a good fight. It will be interesting to see if the judge allows these two legal questions to be heard or makes the entire lawsuit go forward. I hope it’s the latter.

Mike Lindell wants to make prison bars out of the Dominion machines. Great. I hope he’s incarcerated behind a set of them, although frankly a padded cell might be a more appropriate venue for somebody in his condition.