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Dominion Voting Systems Sues Sidney Powell, alleges her “wild accusations are demonstrably false”

Dominion Voting Systems Sues Sidney Powell, alleges her “wild accusations are demonstrably false”

Powell: Dominion’s suit “is baseless & filed to harass, intimidate, & to drain our resources as we seek the truth of #DominionVotingSystems’ role in this fraudulent election. We will not be cowed in exercising our 1st Amendment rights or seeking truth.”

Dominion Voting Systems and affiliates have sued lawyer Sidney Powell and Defending The Republic, Inc., over claims she made that election fraud was perpetrated with or through Dominion systems.

We covered the threat of suit, and the background, on December 21, 2020, Sidney Powell May Get To Try To Prove Her ‘Kraken’ Case – As a Defendant in Civil Lawsuits by Smartmatic and Dominion:

Sidney Powell may get her day in court as to her allegations against Dominion and Smartmatic. As you recall, she has advanced a theory of foreign and possible U.S. intelligence service manipulation of those voting and software systems to rig the election. She’s never offered any proof of that, and the mere possibility that it might have happened or could happen is not proof it did happen. We’ve emphasized that problem since the start.

The “Kraken” as it was called served as an unprovable distraction from other more specific claims of fraud. Now Smartmatic and Dominion are demanding retractions not only from Powell but also from conservative media who allegedly advance similar claims. Reportedly some of the networks are running segments disavowing the accusations, such as this at Newsmax.

Lin Wood, the second half of the Kraken team, is representing Powell and daring the firms to file suit:

[Note: Wood’s Twitter account was suspended by Twitter, that is why the tweet no longer loads.]

Earlier today Dominion filed its lawsuit. You can read the Complaint here (pdf.). Here are the opening paragraphs:

1. This defamation action arises from statements made by Sidney Powell, who— acting in concert with allies and media outlets determined to promote a false preconceived narrative about the 2020 election—caused unprecedented harm. During a Washington, D.C. press conference, a Georgia political rally, and a media blitz, Powell falsely claimed that Dominion had rigged the election, that Dominion was created in Venezuela to rig elections for Hugo Chávez, and that Dominion bribed Georgia officials for a no-bid contract.

2. Powell’s wild accusations are demonstrably false. Far from being created in Venezuela to rig elections for a now-deceased Venezuelan dictator, Dominion was founded in Toronto for the purpose of creating a fully auditable paper-based vote system that would empower people with disabilities to vote independently on verifiable paper ballots. As it grew, Dominion developed technology to solve many of the technical and voter intent issues that came to light as a result of the 2000 Presidential Election. Its systems are certified under standards promulgated by the U.S. Election Assistance Commission (“EAC”), reviewed and tested by independent testing laboratories accredited by the EAC, and were designed to be auditable and include a paper ballot backup to verify results.1 Since its founding, Dominion has been chosen by thousands of election officials throughout the United States to provide the technology to effectively administer transparent and fully auditable elections.

3. Because of these safeguards, there are mountains of direct evidence that conclusively disprove Powell’s vote manipulation claims against Dominion—namely, the millions of paper ballots that were audited and recounted by bipartisan officials and volunteers in Georgia and other swing states, which confirmed that Dominion accurately counted votes on paper ballots.

4. When respected Georgia Republicans disproved Powell’s false accusations by announcing that Georgia’s paper ballot recount had verified the accuracy of Dominion’s vote counts, Powell sought to discredit them by falsely accusing Dominion of paying kickbacks to them and their families in return for a no-bid contract. The only “evidence” Powell ever put forward to support that false accusation was a doctored certificate from the Georgia Secretary of State. Powell has insinuated that the fact that the certificate is undated is suspicious. In reality, the authentic certificate is dated and is publicly available on the Georgia Secretary of State’s website, along with public records showing there was a competitive bid process for the Georgia contract and that Dominion competed against Smartmatic and Election Systems & Software (“ES&S”).2

* * *

8. As a result of the defamatory falsehoods peddled by Powell—in concert with likeminded allies and media outlets who were determined to promote a false preconceived narrative— Dominion’s founder, Dominion’s employees, Georgia’s governor, and Georgia’s secretary of state have been harassed and have received death threats, and Dominion has suffered enormous harm.

9. After Dominion sent Powell a letter putting her on formal notice of the facts and the death threats and asking her to retract her false claims, Powell doubled down, tweeting to her 1.2 million Twitter followers that she heard that “#Dominion” had written to her and that, although she had not even seen Dominion’s letter yet, she was “retracting nothing” because “[w]e have #evidence” and “They are #fraud masters!”7 To ensure that her tweet would be published to the largest possible audience and inflict maximum harm on Dominion, Powell tagged some of her allies with massive Twitter followings, including Donald Trump, Georgia-based defamation attorney L. Lin Wood, and Powell’s client, Trump’s former National Security Advisor Michael Flynn.

10. In the days and weeks that followed, Powell appeared for a number of media interviews and continued to double down on her false accusations about Dominion.

11. Dominion brings this action to set the record straight, to vindicate the company’s rights under civil law, to recover compensatory and punitive damages, to seek a narrowly tailored injunction, and to stand up for itself and its employees.

The suit seeks $651 million in compensatory damages, and an equivalent of punitive damages, which is dramatic, but not sure where the number comes from.


WHEREFORE, Dominion respectfully requests that the Court enter an award and judgment in its favor, and against all Defendants jointly and severally, as follows:

(a) awarding Dominion compensatory damages of not less than $651,735,000;
(b) awarding Dominion punitive damages of not less than $651,735,000;
(c) awarding Dominion all expenses and costs, including attorneys’ fees;
(d) granting a narrowly tailored permanent injunction requiring the removal of
all the Defendants’ statements that are determined to be false and defamatory
and enjoining the Defendants from repeating such statements or engaging in
any further deceptive trade practices relating to Dominion; and
(e) such other and further relief as the Court deems appropriate.

We can expect many more such lawsuits. It’s doubtful Powell is good for much money, but media entities — and Trump? — may be.

Powell tweeted the following statement:

#Dominion’s suit against me & is baseless & filed to harass, intimidate, & to drain our resources as we seek the truth of #DominionVotingSystems’ role in this fraudulent election. We will not be cowed in exercising our 1st Amendment rights or seeking truth

One other thing, a defamation case opens up a lot of Dominions records to discovery. Sometimes a lawsuit demonstrates “don’t wish for something, you might get it.”


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Well alrighty then. The discovery process should allow full and open access to the voting machines in question, along with all the election data and associated source code, should it not?

    notamemberofanyorganizedpolicital in reply to Paul. | January 8, 2021 at 3:56 pm

    The overwhelming majority of Americans have had the scales drop from their eyes.

    Now they are going to find out how evil the Deep State has been since WWII ended.


    “WALK AWAY” Movement DELETED from Facebook, Leaders Blocked from ACCOUNTS — Over 500,000 Testimonials DISAPPEAR!

    Pelosi Aide Reports Laptop Was Stolen From Speaker’s Office During Breach of Capitol Building


    WATCH: Lindsay Graham Mobbed By Patriots At Airport Called A Traitor To His Face

    MattMusson in reply to Paul. | January 8, 2021 at 4:54 pm

    I bet $100 that the Judge is going to figure out some way to Gag the entire process.

    LeftWingLock in reply to Paul. | January 8, 2021 at 5:22 pm

    Paul — Dominion had a “bring your dog to work day” yesterday and, unfortunately, the dogs ate all that data.

    randian in reply to Paul. | January 9, 2021 at 3:50 pm

    True, but surely you don’t really believe that the source code and data given in discovery will be what’s actually on the machines. Besides, you can be certain that a discovery request for source code will be slapped down by the judge because “it’s a trade secret”.

dump wood and lets see what this brings out.

‘One other thing, a defamation case opens up a lot of Dominions records to discovery. Sometimes a lawsuit demonstrates “don’t wish for something, you might get it.”‘

Maybe. But we might instead get a variation of the Supreme Court’s “no standing to sue” infamy if the court refuses to allow discovery. These days I think it is wrong to automatically assume that any court will follow the law and the Constitution. I have to think Dominion would not have spent money on the suit if the fix was not already in and that discovery was off the table.

    I’m with you, Recovering Lutheran. They know going in SP won’t get the discovery she wants. Couple of other things. Dominion cited the recounts. Recounts mean nothing. If people are smart enough to steal an election, they’re smart enough to make the books balance.

    And what about Mr. Pulitzer, no crazy, during live testimony in GA wirelessly hacking into a Dominion machine? Was that video not real? Did the claimed hack not happen?

    Reading why the state of Texas decided against using Dominion voting machines is eye-opening.

    Their claims about the integrity of their process are hogwash.

      Dathurtz in reply to Titan28. | January 8, 2021 at 1:55 pm

      It was real. It was and is all real.

      mark311 in reply to Titan28. | January 10, 2021 at 8:50 pm

      Means nothing? Hardly, changing the results of the physical ballots is hard and then adding on too of that the machines as well. That’s an extra layer of difficulty. Add to that the acct that each state is different with different sets of software and machine types, as well as personel. Add to that the lack of evidence for said fraud and it becomes more and more improbable.

    You’re spot on about relying on any court to actually follow the law.

    We are no longer ruled by law and order.

    The law is whatever a Judge Freisler wannabe says it is in whatever situation xe’s socialist superiors say it applies.

2smartforlibs | January 8, 2021 at 1:29 pm

Can’t wait for the discovery phase. The coup plotters are not going to be fine exposing their corruption.

    Ghost Rider in reply to 2smartforlibs. | January 8, 2021 at 2:07 pm

    Dominion has had time to cover its tracks and destroy evidence. Whistleblowers will need to come forward.

      I’m not a lawyer, but I believe that in this type of action, the onus is on the plaintiff to prove that the defendant’s statements are false.

      If the logs, data, original ballots, envelopes, absentee signatures, etc are not available for review then it would seem impossible for them to definitively prove her statements are false.

      Similarly, forensic analysis of the computers will be able to tell if they’ve been altered (software updated, data removed, etc) since the election.

      I don’t understand how a “voting system” that even has the functionality for weighting factors, or “adjudication” of a ballot that results in the original ballot image being lost, or that allows for absentee ballots to be “verified” without retaining images of the ballot AND envelope is even allowed to be used in a supposed Democracy. Forget arguments about whether those “features” were used or not. The mere fact that they software contains such features should be an immediate disqualifier.

      I hope she buries them and exposes the fraud.

        alaskabob in reply to Paul. | January 8, 2021 at 2:29 pm

        A clean machine is a software “upgrade” away. Judge Sullivan is waiting.

        By the way… the lower-tier lawyer tapped with falsifying last FISA document email was had “sentencing” delayed for… hum.. a new administration to withdraw his case???

        As for the Republicans being the “loyal opposition”…after this week that takes on a whole new meaning. More loyal and less… much less opposition. Thinking of Cosby monologue “Toss of the Coin”.

        Chuckin Houston in reply to Paul. | January 8, 2021 at 4:27 pm

        Neither am I a lawyer, but I believe that if a plaintiff objects to discovery involving records relevant to the case their lawsuit will be dismissed.

        Lucifer Morningstar in reply to Paul. | January 9, 2021 at 9:29 am

        <blockquote?I’m not a lawyer, but I believe that in this type of action, the onus is on the plaintiff to prove that the defendant’s statements are false.

        You’re right. You’re not a lawyer. This is a defamation lawsuit and in those kinds of lawsuits the burden is on the defendant to prove their statements they made to the public are true. So Powell better damn well have actual evidence that Dominion was actively committing election fraud at the time she made her claims or she’s gonna be losing big time. (And no, the court isn’t going to allow her to go blindly digging around Dominion looking for that evidence. She’s either got it or she doesn’t. And from the looks of it she doesn’t have the proof. So she’s gonna lose this case.)

Dominion has had adequate time to ‘edit’ its machines software.
When a person can turn a dial on the machine to increase or decrease the amount of ‘rejected’ ballots, that’s evidence enough to invalidate an election.
There is video evidence of a Democratic poll worker changing the ‘reject’ dial from 0.6 % to 68.0 % during the counting of ballots from a county with majority Republicans. The ‘worker’ is actually explaining how this works !

On to discovery, then.

This is a publicity stunt by Dominion.

She probably wanted them to sue her and deliberately provoked them.

Dominion is not going to like the discovery process.

Bet they drop their it soon after discovery gets serious. Declaring victory and claiming they’ve made their point.

Didn’t forensic audits in MI and NV already show the machines are programmed to error out on about 70% of the ballots? Other places, like AZ, have been obstructing the state legislators from getting access to the machines, are they afraid that the results will be the same? Ultimately the best discovery would be getting forensic audits of the machines in the counties of suspicion – BUT – can this court compel access to the machines in different states?

It’s the US District court for the District of Columbia, isn’t that the same court that she just fought against for Gen Flynn? I predict a finding for the plaintiff, that there is no evidence that voting machines have any issues, and a judgement award exceeding the plaintiff’s request.

    mark311 in reply to james h. | January 8, 2021 at 2:31 pm

    You are referring to the ASOG report. The report had a lot errors in it, it was pretty much trashed.

      james h in reply to mark311. | January 8, 2021 at 9:34 pm

      Can you name one?

        mark311 in reply to james h. | January 9, 2021 at 4:51 am

        I’ll let you decide for yourself if you Google ASOG rebuttal report there is a pdf.

        Here is a para from the exec summary

        Expert Analysis 1. My review of the Allied Security Operations Group (ASOG) Antrim Michigan Forensics Report (Report) determined that ASOG has a grave misunderstanding of the DVS DSuite 5.5 voting system, a lack of knowledge of election technology and process, and therefore, has come to a preposterous conclusion. Much of this conclusion was derived by regurgitating unsubstantiated claims of misinformation and disinformation about voting system companies and voting system software, many of which are not used in Antrim County.”

          Paul in reply to mark311. | January 9, 2021 at 11:02 am

          The section you quoted is basically the equivalent of a childish taunt… “No, you are!”

          It “debunks” nothing. It’s essentially just an ad-hominem attack against the reports authors.

      Paul in reply to mark311. | January 9, 2021 at 12:22 pm

      Do you realize that every person will get different results from the same Google query term?

      Their system takes into account your physical location, your browsing history, and a ton of other data they may have associated with you when it constructs your query results.

      If there is a credible refutation of the ASOG report, please link to it here. Everything I’ve seen purporting to debunk it amounts to essentially “we’re the government / press / Dominion, trust us when we tell you this is not true.”

Prediction #2 – the judge “randomly” assigned to the case will be Judge Sullivan. It will become a show trial to demonstrate what happens to anyone that tries to question the validity of our elections.

Does anyone know what kind of timescales would be involved in a case of this kind? It potentially could bring an interesting and forensic light to one of the key issues of the election fraud argument.

The problem is the difference between a machine and its design and how it is used or misused.

I am willing to believe that Dominion has done everything possible to design and build first-rate machines.

No manufacturer can guarantee that a machine will not be misused by its operator.

    Close The Fed in reply to lawgrad. | January 8, 2021 at 2:41 pm

    Naivete is thy name.

    rebelgirl in reply to lawgrad. | January 8, 2021 at 2:50 pm


    kermitrulez in reply to lawgrad. | January 8, 2021 at 2:59 pm

    While this is true, there’s no real way to know if the machine has functionality in it to change votes intentionally without a full source code analysis. I can’t see that there’s any way that Dominion will allow this and it will go the way of the Breathalyzer lawsuit where it will stall because Dominion will not produce their IP for examination.

      My thoughts exactly.

      The object code could be reverse engineered, if they can get their hands on a machine. Of course that could possibly open them up to other charges.

      But from what I understand, there is Dominion documentation and marketing video in the public domain that demonstrates functionality related to changing votes in bulk and setting different “ratios” on votes for different candidates. For the life of me, I can’t understand how/why anybody in any democratic country would ever even consider using such a machine. The mere existence of that functionality should be disqualifying.

        mark311 in reply to Paul. | January 9, 2021 at 7:42 am

        That functionality related to different forms of election process. Its supposed to be there. Not every voting system is first past the post.

          Paul in reply to mark311. | January 9, 2021 at 11:03 am

          Lol, name one place where those functions could ever be legally used in a democracy or democratic republic?

          You’re basically confirming one of her core claims, which is that the Dominion software was created for despotic regimes to fix elections.

          randian in reply to mark311. | January 9, 2021 at 3:54 pm

          Irrelevant. That functionality shouldn’t exist at all on US dominion systems. The source code should be different for different jurisdictions.

          mark311 in reply to mark311. | January 10, 2021 at 2:49 pm

          @ Paul

          Absolutely lots of places use different methodologies for choosing a winner. In the USA specifically there are situations where it’s a ranked choice. As such some versions of the software used by various manufacturers have that capability. For clarity it’s a feature that has to be included within the software package provided and installed. In the case of Antrim county where an Expert report and rebuttal report were provided (hence how I know) this feature was not included it wasn’t on the software.

          Link below for US specific places where ranked voter choice is used.

          mark311 in reply to mark311. | January 10, 2021 at 2:57 pm


          Ranked voter choice exists as an option on the machines they provide. The ASOG report highlighted it (erroneously) as a vector for fraud

    mark311 in reply to lawgrad. | January 9, 2021 at 4:57 am

    Very true, there is also the aspect of how tried and tested the software is. At present I think it’s on software version 5.5 so from that perspective it’s got a track record.

    In terms of useability that’s a pretty valid point, it’s one of the reasons Texas didn’t use dominion because it’s quite hard to set up (that’s the infferance anyways). That’s said there are checks built in, and the hand ballot recounts all match the original result within a percentage margin of error. That’s all points strongly to a robust system. Not perfect but robust. Discussion of dominion as a vector for fraud isn’t really justified.

Jordan Pulitzer expert witness. That is all.

Close The Fed | January 8, 2021 at 2:41 pm

I bet they’ll be found to have “standing.”

Lin Wood is representing Powell? If he represents her like he campaigned for Trump, he’ll convince the jury to award punitive damages. This should be fun to watch. !!Kraken!!

Regardless who wins the lawsuit, Powell is doomed to loose.

Most likely, she faces hundreds of thousand dollars in lawyer bills and at the same time be distracted from her own business of practicing law.

Dominion is suing because it isn’t afraid of discovery and has nothing to hide.

There are plenty of red areas and red states that had Dominion which Trump and other Republicans won easily.

Texas also did an assessment of Dominion and determined there are better options not that Dominion is rigged for the democrats.

This lawsuit will be great for Republicans because we are at our weakest when we are engaged in fantasies promoted in our echo chambers.

A shame this lawsuit didn’t start two months ago.

    james h in reply to Danny. | January 8, 2021 at 9:41 pm

    They only needed to win the blue counties in 5 states, all the regular solid red counties could be as normal to avoid suspicion. Someone messed up on the Antrim County machines though, and the results were obviously wrong. That set the machine audits in motion elsewhere, but the Secretaries of State in Georgia and AZ will not provide access to the machines even under subpoena. That does not lend confidence. Hopefully the legislatures will continue to press the issues but who knows.

      mark311 in reply to james h. | January 10, 2021 at 3:01 pm

      Risky approach surely, you make a massive assumption that they could precisely predict voter patterns. We know that this isn’t the case based on the complete failure of the polling two times in a row. Given this how did they choose a select number of states to ‘swing’ when so many were marginal and had the potential to be in play. Additionally how could they influence the elections at all anyways – what’s the vector?

Open up the source code to discovery, and all the company’s emails to and from every Democrat Secretary of State in the swing states where we know fraud occurred. Otherwise there’s no way for Sidney to put on a defense.

I would like it if the more outlandish conspiracy theories didn’t get mixed with the real and serious accusations.

There was fraud, and it will take focused, diligent effort to uncover and prove.

While I welcome everyone on this side of the fight with me, the dingbat theories gotta be ejected to focus on the stuff that’s real or worth investigating.

IMO, this is a fool’s errand on Dominion’s part. Powell doesn’t have deep pockets. So she couldn’t pay out the.damages.sought.

Secondly Dominion is not going to like discovery.

1. Provide all correspondence from any Dominion employee, agent, contractor or any other person from a business or personal account electronic or otherwise to any election official at the municipal, county or state government level.

2. Same for any local or State contractor.

3. Same for all communications received.

4. Provide all training materials, written, video or otherwise for the system.

5. Provide all ‘white hat’ hacker defense validation testing regards of results. Include names, positions and contact information.

6. Provide all marketing and sales materials including any video presentations to any and all potential purchasers worldwide.

That’s to start. Then come depositions for current and former employees and contractors.

Every system has security flaws that can be exploited. Dominion is no different. They will claim the vulnerability wee not exploited. Problem for them is if they wiped their machines as in the MI county that had an outside audit the the destruction of the evidence cuts against Dominion as a matter of legal principle.

Dominion can’t spoil the evidence then say ‘see there is no proof, Powell defamed us, give us $.

This is a very stupid suit IMO.

    Danny in reply to CommoChief. | January 8, 2021 at 4:48 pm

    You think the discovery phase is a secret known only to us?

    Dominion knows about discovery what it suing Sydney Powell means is it doesn’t care which also means there is nothing to discover.

    Maybe their leadership is just stupid but it is a lot more likely that Sydney Powell is a grifter.

      prtomr in reply to Danny. | January 8, 2021 at 5:07 pm

      Danny, you may have a point. However, this is a civil suit and I don’t think that there will be a Judge Sullivan on the bench calling balls and strikes.

      Paul in reply to Danny. | January 8, 2021 at 5:35 pm

      Or perhaps they knew they needed to file in order to keep up the appearance of innocence. And that somewhere down the road they can make this go away before full discovery. Hell, they can probably tie the discovery process up in court until everyone forgets about this. At the rate the media and big-tech are memory-holing this, that won’t be very long.

      CommoChief in reply to Danny. | January 8, 2021 at 8:17 pm


      No, I don’t think Dominion doesn’t understand discovery. I am pretty sure that the level counsel retained by Dominion explained the process. Whether their client, Dominion, internalized the lesson their counsel provided is unclear.

      Powell could be a grifter and Dominion execs could be making a bad decision. The two are not mutually exclusive.

      IMO, no one ‘understands’ discovery until they start receiving notice to retain certain documents/communication and make people available for depositions. Once one is undergoing a deposition that’s when the reality sets in. ‘Hey, this ahole attorney keeps demanding answers I don’t want to give.’

      Just my opinion. I have been wrong before.

    mark311 in reply to CommoChief. | January 9, 2021 at 5:09 am

    I think you are missing the part where Fox news etc are included within the lawsuit. That includes Trump as I understand it. How they split the cost I don’t know.

      CommoChief in reply to mark311. | January 9, 2021 at 6:58 pm


      Media are shielded from liability for simple reporting or comment about ‘news’ events. The caveat is they can’t make it up.

      If x person says something derogatory and untrue about person y the media can report on that. Their reporting may even amplify the awareness of the false accusation. They are, generally, not liable for that unless they had evidence/facts that proved the accusations were false and didn’t report those as well.

      Fox or any other media organization will fight tooth and nail since the Sullivan and later court decisions because they have the legal high ground. Very difficult to get a settlement much less an adverse judgment. That’s what made the Sandman fiasco such an outlier; the media has a huge amount of space to do whatever they want but that space has limits. In the Sandman fiasco they went beyond their limit.

      IMO, that isn’t the case here.

        mark311 in reply to CommoChief. | January 10, 2021 at 8:06 am

        Interesting point I’ve no idea what the standard applied would be. I guess it would depend on how balanced a view fox provided. If Fox just regurgitated the case without context or applying some reasonable level of editorial response then there is a danger. But you are right Fox will not want to get caught up in it at all. It’s a big chunk of money.

Ms. Powell has already won the case before it could even be filed. The Dominion machines that were used in Georgia had to be reprogrammed to be used in the Senate run off. The evidence has been tainted. After the machines were reprogrammed the machines are not in the exact condition as they were on election night.
Dominion can’t prove their case.

    mark311 in reply to buck61. | January 9, 2021 at 5:15 am

    There were a number of expert reports that examined the dominion machines. The legal argument is simple in some respects, during the lawsuits she made claims with bogus evidence (see ASOG report and its rebuttal) then following the collapse of those cases she made a claim of the Kraken which turned out to be nothing she has then repeated her claims even though she has no evidence. On the face of it I don’t see how she can support her claim of fraud and as such their is a legitimate defamation case.

My guess is Dominion thinks it has covered up it’s fraud enough. But that cat is out of the bag as seen a few time released voting. And ballots are supposed to be kept for a long time enough to verify them.

My guess is that in this case the defendant will have to prove her allegations true rather than the plaintiff having to prove the allegations false

And this:

Even if she gets ZERO discovery, these two videos in the hands of Wood might be enough to foil a preponderance to the jury, assuming they’re not bought off….

It is too late. The ratbags have won.