Lindell’s motion for dismissal was based entirely on where Dominion filed their suit against him. MyPillow man claimed that his business is in Minnesota and therefore Dominion Voting Systems should have sued him on his home turf. Dominion argued that, while they could file a lawsuit there, Mr. Pillow-brain did so much defamation organizing and lying in Washington, D.C., alongside the disgraced former guy, that they felt D.C. had more of an interest in deciding what to do about Mr. Lindell. Judge Nichols writes “Lindell has thus failed to demonstrate by a preponderance of the evidence that transfer is warranted, and the Court declines to transfer the case against him.”
This means that these three anti-democracy charlatans must continue to face the legal music as the case will move forward. Judge Nichols also concluded that the First Amendment didn’t not provide “blanket immunity”to the three under a banner of free speech.
As an initial matter, there is no blanket immunity for statements that are “political” in nature: as the Court of Appeals has put it, the fact that statements were made in a “political ‘context’ does not indiscriminately immunize every statement contained therein.” It is true that courts recognize the value in some level of “imaginative expression” or “rhetorical hyperbole” in our public debate. But it is simply not the law that provably false statements cannot be actionable if made in the context of an election.
MyPillow man Mike Lindell has attempted to file a disparate conspiracy-laden lawsuit against Dominion in some attempt at playing offense, while Rudy Giuliani is reportedly stooping to recording cameo greetings for a few hundred bucks a pop.* Sidney Powell seems to be working on a defense that she isn’t a believable person and therefore cannot defame anything.
Thoughts and prayers.