Sidney Powell And ‘Kraken’ Lawyers Argue They Shouldn’t Be Sanctioned Because Trump Claimed Voter Fraud Too
Topline
Counsel for far-right attorney Sidney Powell and other lawyers in a Michigan post-election case alleging fraud said Monday that former President Donald Trump’s claims of voter fraud should shield the attorneys from being sanctioned in the case, arguing the fact the president alleged widespread election fraud made their own false evidence of it more legitimate.
Attorney Sidney Powell conducts a news conference at the Republican National Committee on November … [+]
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Key Facts
In a new court filing responding to a motion for the right-wing attorneys to be sanctioned, the lawyers’ attorney Donald Campbell used Trump’s allegations of voter fraud to hit back against the argument that the lawyers should be sanctioned for not doing their “due diligence” to ensure their affidavits supposedly demonstrating widespread voter fraud were factually accurate.
“The Attorneys are not the only individuals who viewed these affidavits as evidence of serious fraud,” Campbell argued, saying members of two branches of government, including then-president Trump, also “were insisting that there was massive voter fraud.”
“Millions” of Americans believed the voter fraud claims and “believed that their president would not intentionally mislead them,” Campbell said, suggesting any alleged failure on Powell and the other attorneys’ part to vet their voter fraud evidence was because of “confirmation bias” since high-level people like Trump agreed with their claims.
Campbell defended the lawsuit’s purported evidence of fraud—which the judge in the case criticized as being “fantastical” and based on “levels of hearsay”—claiming the pro-Trump attorneys “did, in fact, vet the affidavits” and assessed their “veracity and legal significance” despite the allegations they didn’t.
The attorney also argued the court does not have the authority to sanction the pro-Trump attorneys under various court procedures that govern when monetary sanctions can be issued.
Crucial Quote
“Of course, attorneys should look beyond their prejudices and political beliefs, and view evidence with a level of professional skepticism. But no one is immune to confirmation bias,” Campbell wrote. “The attorneys didn’t just have suspicions based merely on their own beliefs. They had evidence that those working at the highest levels of the United States government shared their suspicions. That context makes this case exceptional—and it is a reason for the Court to deny their defendants’ and intervenors’ requests for sanctions.”
What To Watch For
U.S. District Judge Linda Parker required the participants in the lawsuit to submit any additional court briefs by Monday, and is expected to soon rule on whether the pro-Trump attorneys will be sanctioned. Powell and the other lawyers have called for the court to hold an additional evidentiary hearing before the judge rules on sanctions, but Parker has not yet said whether she’ll honor that request. While it’s not yet clear what form any sanctions would take, city of Detroit attorney David Fink has asked for the attorneys to reimburse taxpayers for the “extraordinary cost” of the lawsuit, as well as for Parker to refer the case to the Chief Judge in the Eastern District of Michigan to rule the attorneys are “barred from practicing in this district ever again.” Any sanctions “should be strong enough and significant enough to deter future misconduct,” Fink said during a recent hearing in the sanctions case.
Key Background
The Michigan lawsuit was one of four battleground state lawsuits Powell filed in the aftermath of the election seeking to overturn their elections due to purported fraud, a legal strategy she dubbed “releas[ing] the Kraken” after the 1981 film The Clash of the Titans. The lawsuits failed in every state, however, with Parker striking down the Michigan case by saying it was based on “nothing but speculation and conjecture.” Michigan officials then moved for Powell and the other attorneys to be sanctioned over their “frivolous” and error-ridden lawsuit, arguing it was brought in bad faith. In addition to the Michigan sanctions effort, Powell and her co-counsel are also facing a separate effort by Michigan officials to have them disbarred, among other potential consequences.
Further Reading
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