Federal Judge Issues Order in lawsuit over Dominion election machines

4 mins read

A federal judge is questioning whether he has jurisdiction to hear a sprawling lawsuit against Denver-based Dominion Voting Systems that accuses the election technology company of organized crime and intimidating its critics.

The named plaintiffs to the class action lawsuit, all of whom are in Michigan, allege Dominion has violated the Racketeer Influenced and Corrupt Organization Act — typically used to prosecute gangs, cartels and the Mafia — by sending cease and desist letters to those who defamed the company.

“Generally, Plaintiffs are everyday Americans. They are fathers, mothers, daughters, and sons. They are the neighbor you say good morning to on your way to work,” reads the federal complaint filed in September. “They are Americans trying to participate in a public debate about election integrity and security. Plaintiffs have been intimidated from participating in the debate, however, because of Dominion.”

On Monday, U.S. District Court Chief Judge Philip A. Brimmer issued an order for the plaintiffs to explain why he should not dismiss the case for lack of jurisdiction. His concern fell on narrow, technical grounds: The plaintiffs had not established that their fixed residence, or domicile, was different from that of Dominion’s.

Brimmer gave the plaintiffs until Dec. 6 to answer the domicile question before the case could proceed any further.

The lawsuit takes aim at approximately 150 letters Dominion has sent to individuals asking that they stop defaming the company and requesting that they preserve certain types of materials, including communications with the campaign of former President Donald Trump and lawyers associated with him who have promoted unfounded claims of election fraud.

The recipients of the letters are “dozens of average Americans — not public figures — who volunteered as poll watchers and challengers and signed sworn statements about election irregularities they personally witnessed,” the lawsuit explained, labeling Dominion as a government actor by nature of its involvement in providing election equipment to states. The plaintiffs used that theory to accuse Dominion of First Amendment violations.

One plaintiff, Jennifer Lindsey Cooper, was a poll watcher in Michigan who signed a statement attesting to alleged irregularities at her polling site. She also alleged harassment, with others telling her to “go back to the suburbs Karen.” The lawsuit argued that Cooper’s statements did not pertain to Dominion, and the company was using the cease-and-desist letters and the threat of litigation to chill the free speech of anyone critical of the 2020 presidential election.

The lawsuit was filed by Denver attorney Robert A. McGuire, III. The legal team includes Alan Dershowitz, who has defended convicted movie producer Harvey Weinstein, accused sex trafficker Jeffrey Epstein and Trump during his first impeachment trial.

Earlier this year, a magistrate judge threw out another lawsuit against Dominion and other entities that alleged an election-rigging conspiracy. The court ordered the plaintiffs to pay nearly $187,000 in attorney fees to the defendants for allegations the judge deemed as “the height of recklessness.”

Meanwhile, Dominion itself has sued the conservative media outlets One America News Network and Newsmax for falsely pushing election fraud claims that implicated Dominion. The falsehoods even reportedly caused one Dominion employee to go into hiding after receiving death threats.

Leave a Reply

Your email address will not be published.

Send this to a friend