Rage Against the Voting Machine: Dominion’s Defamation Lawsuit Against Sidney Powell

Abstract

On January 8, 2021, Dominion Voting Systems, Inc., filed a defamation lawsuit against Sidney Powell. The 124-page complaint—drafted by the law firm of noted libel attorney Tom Clare—is the result of Powell’s claims that Dominion rigged the 2020 presidential election. This Article examines the relevant issues of false statement of fact, damages, causation, and actual malice. Additionally, a unique privilege that may be available to Powell is considered.

The outcome of this lawsuit could have far-reaching ramifications. For example, the discovery process could uncover damning communications between Powell and either the Trump campaign or conservative media outlets. And this lawsuit could be the first of many. Dominion is considering similar legal action against others, including Donald Trump. Dominion has already sent document-retention letters to Rudy Giuliani and Fox News. The ramifications of such subsequent lawsuits could be even greater if they reach the Supreme Court and it takes the opportunity to revisit Sullivan, as recently advocated for by Justice Thomas.

Keywords: Voter Fraud, Dominion, Sidney Powell, Defamation, 2020 Election, Prospective Damages, Future Damages, Third Party Standing