INSIDERINSIDER
mike lindell at trump rally
Mike Lindell, CEO of My Pillow, walks past a crowd of supporters during a rally for former President Donald Trump on Saturday, Jan. 15, 2022, in Florence, Az.AP Photo/Nathan Howard
  • In court, Mike Lindell claimed that Smartmatic and Dominion formed an illegal enterprise to rig the 2020 election.

  • Smartmatic is trying to get the MyPillow mogul and his lawyers reprimanded.

  • A lawyer for Smartmatic said that the claims made by Lindell were similar to a Flat Earther demanding proof that the planet is round.

No one has fought harder for the truth about the 2020 presidential election than Mike Lindell.

Sidney Powell and Rudy Giuliani have defended themselves against defamation lawsuits. The CEO of MyPillow has become more angry at what he sees as the theft of American democracy.

The CEO of MyPillow refused to hand over discovery information after a federal judge said the lawsuit could go forward. He claimed in court that Smartmatic and Dominion are owned by Chinese nationals and that they colluded with a public relations firm to suppress his free speech and ruin him financially.

They were part of the biggest crime in human history. That is where we are at.

Smartmatic pointed out that it played a role in only one election administration in 2020. They decided to ask the judge to sanction the lawyers before the case is over because of the outrageous nature of the accusations.

There is no legal precedent for the claims that are being brought. That doesn't give you a factual or legal reason for your claim.

Connolly wrote in court filings that the purpose of the lawsuit was to undermine confidence in the 2020 US election and that it should result in sanctions.

Smartmatic's lawyers wrote in a February filing that the complaint did not raise a viable claim. It is possible to force Smartmatic to defend against a case that has no purpose.

The judge presiding over the case was asked by Smartmatic to order the lawyers to hand over any money they have made from their litigation. Rule 11 in the federal rules of civil procedure requires attorneys to file only motions that have a basis in fact and law. Jacobowitz said that it is the duty of every lawyer to make sure their cases make sense.

Jacobowitz said that an attorney shouldn't be filing the suit if there isn't support for what they want to do.

Mike Lindell dragged Smartmatic into Dominion's lawsuit

The fight over whether the judge will sanction Lindell and his lawyers is tied up with a larger lawsuit over whether he defamed the company.

Rudy Giuliani, Sidney Powell, and MyPillow were all sued for defamation. The conspiracy theorists claimed that the 2020 presidential election results were rigged by the election technology company Smartmatic and that Donald Trump and Joe Biden won the election.

The cases were combined into one docket by the federal judge in Washington, DC. In August, he denied motions from several people. They are appealing the decision and refuse to give discovery information until that is resolved.

The judge never looked at it. The judge made a terrible ruling against free speech. Many other judges did the same.

mike lindell rally
Founder and CEO of My Pillow, conservative political activist and conspiracy theorist Mike Lindell (C) listens to former U.S. President Donald Trump addresses supporters during a "Save America" rally at York Family Farms on August 21, 2021 in Cullman, Alabama.Chip Somodevilla/Getty Images

Smartmatic was dragged into the mess in December.

His answer to the lawsuit brought a RICO claim. He claimed that the public relations firm Hamilton Place Strategies and the company Smartmatic formed a criminal organization to suppress his speech.

The two companies had been clashing on two different fronts. In June, Lindell sued Smartmatic and Dominion in Minnesota, making similar claims about them trying to suppress his opinion, and that case was transferred to DC, where Nichols consolidated it into the case of Dominion. In January, Smartmatic filed a defamation lawsuit against Lindell, accusing him of deliberately stoking dangerous conspiracy theories for the purpose of selling his pillows.

Smartmatic decided that enough was enough on February 11.

Smartmatic's lawyers, led by Connolly, asked the judge to dismiss the counterclaims and to sanction the attorneys for them. They said in the filing that both in the complaint and in his out-of-court statements, Lindell made it clear that the lawsuit was politically motivated.

Smartmatic's lawyers wrote that Mr. Lindell claims that his claims have been rejected by other federal district courts and that they lack factual support.

MyPillow chief executive Mike Lindell, speaks to reporters outside federal court in Washington, Thursday, June 24, 2021.
A federal judge on Thursday appeared skeptical of arguments to dismiss a defamation lawsuit filed by Dominion Voting Systems over baseless 2020 election claims made by Trump allies Sidney Powell, Rudy Giuliani and Lindell.Manuel Balce Ceneta/AP Photo

Connolly told Insider that there is a reasonable difference of opinion on whether a judge should dismiss a case. Rule 11 sanctions are a proper remedy for a complaint that lacks a good faith basis in law or fact.

That includes the lawyers. Smartmatic said that his lawyers should know better, since he may be delusional about the 2020 election.

The lawyers wrote that an empty-head but pure-heart is no justification for frivolous arguments.

It is up to the judge to decide who will be reprimanded. In the counterclaim against Smartmatic, the attorneys Douglas A. Daniels, Heath A. Novosad, and Earl N. "Trey" Mayfield III have been involved.

After Insider reached out to the attorneys for comment, they told the judge they were withdrawing from the case. Andrew said he would take over their responsibilities.

None of the attorneys who responded to Insider's requests for comment commented.

"Akin to a Flat Earther demanding evidence that the planet is round"

On February 25, he fired back. In a response to Smartmatic's motion for sanctions, his lawyers said that all of the reasons Americans have to believe the 2020 election was secure are true.

No state has produced evidence that the election results were fraudulent, and an Arizona audit found that Biden won the state by a bigger margin than previously reported. Some state legislatures are still investigating the 2020 election and have begun introducing legislation to recall their electors.

He said he was not sure what his lawyers were talking about when Insider quoted that part of the filing.

That's all lawyer, that's written down there. He said that he didn't know what they all wrote there. My lawyers are correct. The legislature is all seeing this now.

Mike Lindell MyPillow
Mike Lindell (L), founder of My Pillow Inc., points to the crowd during a rally for President Donald Trump at the Bemidji Regional Airport on September 18, 2020 in Bemidji, Minnesota.Stephen Maturen/Getty Images

Recent events in Wisconsin back his claims. A special counsel hired by Republicans in the state legislature suggested in a report that Wisconsin lawmakers should de-certify the 2020 election results. State representative Timothy Ramthun introduced a bill that would adopt those stances into law.

Evidence of election machine tampering and the deletion of the election is available on his website. He claimed that it was all there if anyone wanted to do their own research.

Smartmatic was not amused by the lawyers questioning the results of the 2020 election. They argued in a March 4 filing that they couldn't replace evidence.

Connolly wrote that the question is akin to a Flat Earther demanding evidence that the planet is round. The legal challenges to the outcome of the election failed.

Quoting a math teacher at a charter school for kindergarteners through 12th graders as expert evidence was not a proper use of the court's time, Smartmatic's lawyers said.

Connolly told Insider that an expert cannot create a fact where no fact exists. An expert cannot create a factual basis for that.

A decision to sanction Lindell's lawyers could come soon

Connolly argued that a lot of people think the 2020 election was fraudulent. He wrote that the lawyers should know better.

He wrote that the case was not about a negligent litigant or counsel who overlooked a critical piece of information.

It was this conviction that drove Smartmatic to ask for sanctions so quickly. Sidney Powell filed a lawsuit trying to overturn Biden's election win in Michigan. After the judge ruled against Powell, lawyers for the City of Detroit asked for her to be reprimanded. Powell and other lawyers who worked on the case were ordered to pay $175,000 in legal fees by the judge.

mike lindell cpac
MyPillow Chief Executive Officer Mike Lindell walks through the Hyatt Regency lobby to attend the Conservative Political Action Conference (CPAC) in Orlando, Florida, U.S. February 28, 2021.REUTERS/Octavio Jones

There was a lot of evidence that he was selling junk. Rule 11 requires attorneys to file motions for sanctions when someone files a frivolous complaint.

She said that they didn't need discovery to make their argument because of all the other federal lawsuits.

Jacobowitz said that the presiding judge can sanction the lawyers whenever he wants. He could issue sanctions at the end of the litigation if he wanted to.

He is likely to make a decision at the same time he rules on Smartmatic's motion to dismiss. If the judge decides that the claims are junk, he can either issue sanctions or hold a hearing. It could happen as soon as April.

He believes his claims against Smartmatic will stand and that his countersuit against the machine companies will be successful.

He told Insider that he has no worry because they did the crimes he has said they have done.

The original article is on Business Insider.

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