Dear Commons Community,

Dominion Voting Systems Inc. filed a lawsuit yesterday against former President Donald Trump’s lawyer Rudy Giuliani, accusing him of defamation for making false claims of fraud about the November 2020 U.S. presidential election.

Dominion earlier filed lawsuits against the Trump campaign and former Trump campaign lawyer Sidney Powell, whom the company also accused of spreading false conspiracy theories about the election that Trump lost to Democrat Joe Biden. As reported by the New York Times.

“The 107-page lawsuit, filed in the Federal District Court in Washington, accuses Mr. Giuliani of carrying out “a viral disinformation campaign about Dominion” made up of “demonstrably false” allegations, in part to enrich himself through legal fees and his podcast.

The suit seeks damages of more than $1.3 billion and is based on more than 50 statements Mr. Giuliani made at legislative hearings, on Twitter, on his podcast and in the conservative news media, where he spun a fictitious narrative of a plot by one of the biggest voting machine manufacturers in the country to flip votes to President Biden.

Mr. Giuliani, one of Mr. Trump’s closest advisers and confidants, has faced continuing fallout for his highly visible efforts to reverse the election outcome. This month, the chairman of the New York State Senate’s judiciary committee formally requested that the state court system strip Mr. Giuliani of his law license.

In a statement released by text message late yesterday morning, Mr. Giuliani said that the lawsuit amounted to intimidation and that he was contemplating a countersuit.

“Dominion’s defamation lawsuit for $1.3B will allow me to investigate their history, finances, and practices fully and completely,” Mr. Giuliani said. “The amount being asked for is, quite obviously, intended to frighten people of faint heart. It is another act of intimidation by the hate-filled left-wing to wipe out and censor the exercise of free speech, as well as the ability of lawyers to defend their clients vigorously. As such, we will investigate a countersuit against them for violating these Constitutional rights.”

“We’ll have a nice fight, a real fight, and by fight, I don’t mean, don’t mean any words of violence,” Mr. Giuliani said. “I fight in the courtroom, you know? That’s what I always mean when I talk about fight. We fight in the courtroom. We fight in the debate hall. I got a pretty good record in court. And I’m a damn good investigator.”

Taken together with a lawsuit the company filed this month against Sidney Powell, another lawyer who was allied with Mr. Trump, the suit represents a point-by-point rebuke of one of the more outlandish conspiracy theories surrounding last year’s election. The president’s allies had contended that the voting machine company — which was also used in states during Mr. Trump’s victory in the 2016 election, has been tested by government agencies, and was used in states Mr. Trump carried in 2020 — was somehow involved in a rigged election, partly as a result of ties to a long-deceased Venezuelan dictator.

“Dominion was not founded in Venezuela to fix elections for Hugo Chávez,” the suit says. “It was founded in 2002 in John Poulos’s basement in Toronto to help blind people vote on paper ballots.” The suit later adds that the headquarters for the company’s United States subsidiary is in Denver.

Laying out a timeline of Mr. Giuliani’s comments about Dominion on Twitter, his podcast and Fox News, the company notes that Mr. Giuliani avoided mentioning Dominion in court, where he could have faced legal ramifications for falsehoods. “Notably, not a single one of the three complaints signed and filed by Giuliani and other attorneys for the Trump Campaign in the Pennsylvania action contained any allegations about Dominion,” the lawsuit says.

The lawsuit also links Mr. Giuliani’s false statements about Dominion to the riot at the Capitol on Jan. 6, noting that he mentioned the company in his speech at a rally for Mr. Trump before the attack, as well as numerous times on social media as the Capitol was breached.

“Having been deceived by Giuliani and his allies into thinking that they were not criminals — but patriots ‘Defend[ing] the Republic’ from Dominion and its co-conspirators — they then bragged about their involvement in the crime on social media,” the suit states.

Thomas A. Clare, a lawyer representing Dominion, said that the riot had not factored into the decision to sue Mr. Giuliani, but that it did show just how seriously Mr. Trump’s followers had taken the falsehoods told about the election.”

Dominion deserves every penny it can get in their lawsuits.

I wish it success!

Tony

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