Lindell Updates: Dominion Motion Denied; Televised Cyber Symposium Announced

UNCOVERDC

New action in the Mike Lindell lawsuits came Monday as the court denied Dominion’s motions to stay and expedite in My Pillow v. Dominion, Minnesota.

Three lawsuits are running in parallel between Lindell and Dominion. Our reporting has focused on Lindell v. Dominion, resulting in coverage of the themes common among all of them. But there are differences, and the court ordered as much when they ruled to deny Dominion’s motions.

Dominion v. My Pillow & Lindell (Washington DC) – Dominion sued My Pillow & Lindell in D.C. for defamation and deceptive trade practices, saying Lindell’s public statements are libelous and slanderous and that they are designed to sell pillows.

My Pillow v. Dominion (Minnesota) – My Pillow sued Dominion, claiming first and fourth amendment violations and that Dominion is interfering with business through intimidation and weaponization of the legal process (“lawfare”).

Lindell v. Dominion (Minnesota) – Lindell sued Dominion separately, claiming he is entitled to recovery under the first and fourth amendment, abuse of process, civil conspiracy, and violations under the Racketeer Influenced and Corrupt Organizations Act (RICO).

Dominion had moved to stay, or delay, proceedings in this case pending resolution of the ongoing suit Dominion v. Lindell in DC, arguing there is substantial overlap that would make it an inefficient waste of court resources and a burden to proceed with both in parallel. If the claims of the parties in each suit were near enough to identical that it was found by the court to be “duplicative litigation,” stay, it would have put My Pillow v. Dominion (Minnesota) on pause to awaited judgment in Dominion v. My Pillow & Lindell (D.C.).

The proponent of a stay… bears the burden of establishing its necessity… this burden requires Dominion to show a specific hardship of inequity that would result if the Court denied the stay and ordered Dominion to proceed with litigation… Courts have interpreted the movant’s burden to be so substantial as to create a presumption favoring the party opposing the stay.

The court decision explained that “though this lawsuit and the D.C. action are connected, and the claims in each are factually related, they are legally distinct” and said that if the stay were granted, it would have “little, if any, impact on efficiency and conservation of resources.” The court further refused to “prejudice Plaintiff’s right to prosecute this action based on purely hypothetical concerns that have not materialized.”

Dominion has until July 6 to respond to the initiating complaint.

Lindell on War Room

Lindell joined Steve Bannon’s War Room twice this month, first June 14th, and then again last week June 24th. On the most recent appearance, Lindell spoke about his lawsuits against Dominion:

This is what Dominion did… I think there’s 200 lawsuits and threatening letters now that they wrote to people rather than just say, ‘Hey, look inside our machines, we have nothing to hide.’ By the way, who paid for those machines? We did.

These poll-watchers… for free… volunteering in their community… you know how many of them got letters to cease and desist not to talk about what they’ve seen… that’s mafia… This is lawfare. Alan Dershowitz… said this will be the most important case in history for our first amendment rights of free speech… and he’s a Democrat.

And he spoke about the media’s lack of fair coverage of his lawsuits:

I’ve told the media… this is great… this is an opportunity for me to once again tell you guys we were attacked by China – the CCP – they used the Democrat party through the Dominion machines and Smartmatic and ES&S & Hart… if it gets dismissed today, that’s great… either way, I get to tell at least the bad media, your CNNs and your ABCs and stuff, I get to say ‘Dominion Dominion Dominion’ and ‘China China China’ again…

When you’ve got your coward FOX’s of the world… who can’t go out and speak the truth, and they’re supposed to be news?… I’ve said to FOX, you’re already sued by Smartmatic and Dominion… maybe you should put out the evidence… the evidence sets you free… the truth shall set you free.

On his June 14 appearance, he announced his mid-July Cyber Forensics Election Symposium of forensics experts and white hat hackers in detail.

We’re bringing all of our evidence to a big venue… any cyber guy that’s got credentials in the country, we’re going to bring them there. It’s going to be unpacking the packet captures,” he said.

Referring to the evidence of data transfer he says proves foreign interference in the election, as shown in Exhibit 12 of Lindell v. Dominion.

We’ll televise it. I wanna have Congressmen there. I wanna have Senators there. I wanna have Democrats, Republicans. I wanna have Governors, Attorney Generals, Secretary of States… it’s gonna be like showing them a spaceship… by the time everybody leaves there this whole country’s gonna go, ‘We’ve got to get this to the Supreme Court…’ right after that we’re gonna do a nationwide petition… we’re also going to do a mock election.

Bannon asked Lindell if he would have the Chinese Communist Party at the symposium, and he said:

Yes, absolutely. They can sit right next to [Governors] Brian Kemp and Doug Ducey in the front row.

 

June 30, 2021 | 3 Comments »

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3 Comments / 3 Comments

  1. AZ was always going to pursue these avenues of investigation as they will reveal the extent and participants of the fraud. They only put off this investigation til the audit was complete so that a judge could not halt he audit as part of the litigation that will now follow. It should be very informative, if AZ proves to be successful in these moves.

    Ariz. state Senate to subpoena election routers, passwords to complete audit

    FILE – In this May 6, 2021 file photo Maricopa County ballots cast in the 2020 general election are examined and recounted by contractors working for Florida-based company, Cyber Ninjas, at Veterans Memorial Coliseum in Phoenix. (AP Photo/Matt York, Pool,File)

    FILE – In this May 6, 2021 file photo Maricopa County ballots cast in the 2020 general election are examined and recounted by contractors working for Florida-based company, Cyber Ninjas, at Veterans Memorial Coliseum in Phoenix. (AP Photo/Matt York, Pool,File)
    OAN Newsroom
    UPDATED 6:52 AM PT – Thursday, July 1, 2021

    Arizona election audit spokesman Randy Pullen said the state senate will subpoena the routers and passwords that are still being withheld by election officials. He announced the state’s plans to issue the subpoena on Wednesday while noting it has been difficult to complete the audit without information on the routers and passwords.

    “We have none of that information has been provided to us, and it’s something that the Senate will have to go back to the county and request those items,” explained the spokesman. “So again, it’s very difficult to complete the audit without getting that information.”

    Pullen said state senators will determine the timeline for the examination of electronic equipment that was used during the 2020 elections in Arizona. He confirmed the ballot count is now complete, but some electronic data is still raising questions.

    “A few minor things still need to be done with respect to some software additions they made,” Pullen stated. “We got some additional information for the county. Apparently there was a difference on how many duplicate ballots there were per batch, so they gave us a new list and so we had to create software that took that data and compared it to our data to deal with the duplicate ballots.”

    The state Senate is expected to issue subpoenas in coming days. Additionally, Maricopa County recently announced plans to replace all of its subpoenaed election equipment while noting the county will “never use compromised equipment that could pose a risk to free and fair elections.”

    While Arizona Republicans believe it is a step in the right direction, the replacement of equipment is not going to undo the mistakes already made. They argue if the machines are not able to undergo a forensic audit to verify the presidential election results then they never should have been approved to be used in an election in the first place.

  2. FYI SCOTUS Landmark Decision

    -In a landmark states right decision which will impact the country, the Supreme Court ruled 6-3 *FOR* Arizona and the GOP in the election integrity case. The suit was brought by the DNC.

    -The Court ruled that Arizona’s ban on ballot harvesting and its law to disqualify ballots cast in the wrong precincts, were both Constitutional.

    -The Court also took the opportunity to further weaken the Voting Rights Act of 1965.

    -Justice Alito wrote the decision and was joined in full by Thomas, Kavanagh, Gorsuch, ACB, and Roberts.

    -Alito: “A policy that appears to work for 98% or more of voters to whom it applies — minority and non-minority alike — is unlikely to render a system unequally open.”

    From Maximus_EVR Telegram acct

  3. Who killed Ashli Babbitt?

    A new theory emerges
    June 30, 2021 | 4:09 pm
    ashli babbitt
    Ashli Babbitt

    Written by:
    Cockburn
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    Who shot Ashli Babbitt, the pro-Trump Air Force veteran who was killed by police during the January 6 riot at the US Capitol building? The American people were told that it was a Capitol Police officer who fired the fatal shot. But Cockburn has stumbled across some information that points to a different explanation.

    Sources close to and within the intelligence community tell Cockburn that Babbitt was actually shot by a member of then-vice president Mike Pence’s protective detail. The VP’s detail, of course, is provided by US Secret Service, not the Capitol Police. One person asserted to Cockburn over drinks in DC that this is ‘basically an open secret’ in the intelligence community.

    Law enforcement sources suggested to Cockburn that the Capitol Police Department and Department of Justice have publicly identified the shooter as a Capitol Police officer in order to protect the reputation of the Secret Service. Cockburn also wonders if this isn’t an attempt to protect Pence from further anger or threats from Capitol rioters who wanted him to refuse to certify the results of the election on January 6.
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    A cover-up of this nature would also explain why the government hasn’t been forthcoming with other information about the alleged Capitol Police officer who they say shot Babbitt. Police officers who are involved in shootings are almost always identified publicly. The unnamed officer’s lawyer says that his client is being kept anonymous due to threats against his life. Babbitt’s family, however, argues that they have a right to know who shot and killed their beloved relative. Her husband, Aaron Babbitt, is suing Washington DC for access to records that would supposedly reveal the name of the officer.

    Michael Brendan Dougherty floated the idea that Babbitt was shot by Secret Service on his Twitter account in early June, writing in response to Aaron Babbitt’s lawsuit, ‘I mean, at this point you have to suspect that it’s not a Capitol cop.’ He replied ‘SS’ when asked who he thought could have been responsible instead.

    The video of Babbitt being shot as she attempts to climb through a broken window that leads to the Speaker’s Gallery shows a man in a suit jacket holding the gun. The Capitol Police do have plainclothes officers, but it is much more common for the Secret Service’s protective details to be spotted in suits while tailing the president or vice president.

    There have been many other theories as to who may have shot Babbitt. Some on social media posited it could be Special Agent David Bailey, the Capitol Police officer who took down the Bernie Sanders supporter that opened fire on a Republican baseball practice. However, the Capitol Police issued a statement in February denying that theory:

    ‘As the investigation continues into the events of January 6, 2021, it’s important to correct misinformation some in the media have reported, and that’s been shared on social media. Reports identifying Special Agent David Bailey as the officer involved in the shooting in the Speaker’s Lobby are inaccurate. The Department will share additional information once the investigation is complete.’

    Cockburn reached out to Pence’s team for comment and was redirected to the US Secret Service. The Secret Service had a full 24 hours to give comment. They did not respond.