Trump campaign attorney Sidney Powell wants a Washington, D.C., judge to toss out a defamation lawsuit by Denver-based Dominion Voting Systems.
If the case isn't dismissed, Powell wants the case to be heard in Texas, where she lives, stating the case isn't tied to Washington, D.C.
Powell alleges that her claims about the election software company at the center of an international conspiracy to switch votes from President Trump to Joe Biden are protected as political speech. Dominion qualifies as a public figure, she asserts.
"Both the United States and Colorado Supreme Court also recognize that, in order to be actionable, a statement must be capable of being proven true or false," Powell states in the Monday filed. “[A] statement of opinion relating to matters of public concern which does not contain a provably false factual connotation, or which cannot reasonably [be] interpreted as stating actual facts about an individual, continues to receive full constitutional protection.”
The motion also states, "Under Colorado law, where an allegedly defamatory statement relates to a matter of public concern, plaintiff must prove that the statement was made with actual malice by clear and convincing evidence."
Tom Clare, the lawyer for Dominion, provided a statement Monday afternoon.
"Powell’s attempt to dismiss the case contradicts her claim that she wants to present her evidence in court," he states. "Dominion Voting Systems is eager for the case to move forward and intends to hold Powell accountable."
Powell, along with Rudy Guiliani and MyPillow CEO Mike Lindell, are each facing $1.3 billion lawsuits from Dominion, which provides equipment and software across the country, including 62 of Colorado's 64 counties.
The filing calls Dominion's lawsuit a “well-orchestrated public relations campaign to save their business.”