This calls for a new category of classification. Next to the You Can’t Make This Shit Up file, we’re going to have a You Won’t Believe it Even When You See It cabinet. That is the reaction that legal scholars are having today after Sidney “Kraken” Powell, who was a little too weird even for Donald Trump, but he hired her anyway, filed a motion to dismiss the Dominion Voting Systems suit, claiming not that she was insane, but that if anybody believed her nonsense, then they were.
Powell argues she can't be liable if the information she based her "opinions and legal theories" on were actually unreliable, comparing herself to reporters who get 1A protection when they cite sources; but she later also makes clear she disputes that her info was "false" pic.twitter.com/HpVn6hh0tJ
— Zoe Tillman (@ZoeTillman) March 22, 2021
Let’s see if we understand this here: “My sources were off the walls and so was I. Only a crazy person would have believed anything I was saying, so if you did, you’re crazy and that’s not my fault, can’t hold me liable if you’re nuts.” Close?
Ah, The Tucker Carlson defense! You can’t sue me because any reasonable person knows I am just making this shit up! Not going to work for you Sidney dear.
— Susan Sotomayer (@SotomayerSusan) March 22, 2021
This shows Sidney Powell views supporters of the former President and @GOP legislators as unreasonable, that only stupid people would have believed her election fraud statements. Problem is, many Republican legislators continue to wrongly believe the election was stolen. https://t.co/t6OcGn5eUX
— Ted Lieu (@tedlieu) March 22, 2021
TFW your defense to defamation is essentially that even people snorting coke, shotgunning beers and dropping acid would know your statements weren’t meant to be taken as factual ….
— Bradley P. Moss (@BradMossEsq) March 22, 2021
I remember little concrete about legal ethics law. But is there a crime covering this behavior?
You use legal power to file a bunch of complaints and take up judicial resources during a pandemic. You endanger election integrity.
And then you say it was just a prank.
Vile.
— Eric Owens (@ericowensdc) March 22, 2021
So anyone that beleives this crap is unreasonable. Christ, we've been saying that for over 4 years now.
— Pat Morrison (@PatMorr5188) March 22, 2021
“You can’t hold me responsible because seriously what kind of rubes would fall for this bullshit?” is the “defense” and the reality of Trumpism. This should be a PSA loop on FOX, OAN, and every other GOP propaganda apparatus till the end of time.
— Catrina (@covertkittycat) March 22, 2021
I can’t wait to see Dominion’s response. OMG, this is going to be good.
The thing is she is not wrong. No reasonable person believed her or Giuliani or Lin Wood. Nevertheless, it is no defense for her actions. I expect this motion to be dismissed.
The problem however is that tens of millions of people were NOT reasonable and DID believe the bullshit she was slinging. And most of them still do.
Yes, they are likely to explain it away as Powell simply saying whatever she needs to to get out of the lawsuit.
Unfortunately, despite being correct in her argument that no reasonable sane person would believe her, she wasn’t aiming her message at them. She was aiming her message at Trump supporters.
That’s the kind of quip that makes me want the up-voting back!
Thanks, I miss them too.
The court will take notice of all the suits where she swore that those statements were true. (You can bet that Dominion noticed.)
You can bet that Dominion took notice of the same claims in her lawsuits, where she swore to their truth.
She swore to the truth of those statements in her lawsuits. The courts can – and should – sanction her now. (FRCP Rule 11, for those who know lawyers.)
In what state or states is she qualified to practice law? She should certainly face a disciplinary hearing (or hearings, if multiple states) over her actions with the potential loss of her license as a consequence.
At the very lease, she shouldn’t be allowed EVER to appear before any Federal court–except as a defendant in a case.
Note to Powell: that excuse only works when you’re IN power.
Maybe Powell is angling for a career as a “Sea Lawyer” by which I don’t mean someone specializing in Maritime law. No, in the Naval Service a “Sea Lawyer” is someone who interjects themselves into situation spouting “expertise” they don’t possess and making things worse for people already in trouble. It’s a variation on the concept of a “Sea Story.” For those who aren’t old-school the concept of a Sea Story is: The difference between a fairy tale and a sea story is that fairy tales begin with “Once upon a time” while a sea story begins with “You’re not gonna believe this shit!” In other words sea stories, while sometimes containing some truth (sometimes quite a bit even) tend to be crazy ass tales and any actual facts or truth gets so distorted with embellishments as to make the whole thing unbelievable. And yes, some are purely made up bullshit like Powell’s “kraken” legal filings.
What I find interesting is that she appeared in court and signed her name to lawsuits that alleged documentation and witness testimony to support her claims. She made factual representations in court to judges that she’s now saying weren’t factual at all. Just bullshit. It’s not like ambulance chasing personal injury lawyers or defense lawyers don’t make up shit but there are limits to what a judge will let them get away with. So, the question becomes whether the level of the representations she made that she now says were made up rises to the level of warranting formal judicial sanctions and even disbarment. At the very least I hope some of the judges she appeared to issue summons’ for her to come back and explain herself. Is it too much to hope that she’ll be cited for contempt and even have to spend a night or two in jail to drive home the point about how pissed a given judge was to have their time wasted by her?
Hello! Do you use Twitter? I’d like to follow you if that would be ok.
I’m definitely enjoying your blog and look forward to new updates.