In a court filing Friday, lawyers for the election technology company accused the MyPillow CEO of relying on "extreme theories of law" for his countersuit.
Lawyers for Dominion wrote at the opening of Friday's motion that the extreme theories and others discussed below are incompatible with an open judicial system on which parties can rely to resolve their disputes.
There is a court fight going on where the judge is trying to dismiss a counterclaim brought against the election technology company.
The lawsuit was filed in February of 2021. The pillow mogul was accused of defaming the company by lying. According to Lindell, the election results were rigged in favor of Joe Biden and that Donald Trump is the true winner.
In reality, Smartmatic offered technology for only one county in the 2020 election, and that's what the false claims about Dominion doing this in cahoots with them are about.
A federal judge in Washington, DC, upheld the lawsuits that were filed against fellow election conspiracy theorists and former Trump lawyers, allowing them to go to trial. There are more defamation lawsuits being made their way through the courts. They are appealing the decision and refuse to give discovery information until that is resolved.
In December, Lindell brought a counterclaim that alleged that Smartmatic and Dominion colluded to rig the election.
The RICO counterclaim alleged that the public relations firm Hamilton Place Strategies formed a de-facto illegal criminal organization to suppress his false claims about the election.
Smartmatic urged the judge to dismiss the counterclaim. An attorney for Smartmatic previously told Insider that the counterclaim lacks a good faith basis in law or fact.
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.
In January, the judge was urged to dismiss the counterclaim. The Friday filing supports the initial motion, addressing legal arguments that have been offered up in the months since.
According to Lindell, the company took part in criminal racketeering. The actions he takes issue with were simply sending cease-and-desist letters, filing a lawsuit against him, and talking about it with the media.
The only conduct directed at them by the counterclaims is one of the three buckets of conduct outlined in the opening brief.
The conduct Lindell objects to has been what any competent lawyer would do.
The rule that RICO claims may not be based on litigation-related activity is the most straightforward way to dispose of the claim.
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