Detroit officials want attorney Sidney Powell and her team sanctioned over the filing of her “Kraken” lawsuit, accusing her of “frivolously undermining ‘people’s faith in the democratic process and their trust in our government.’”
A motion filed by city attorneys with a federal court asks the judge to levy a fine on Powell and her fellow attorneys as well as ban them from practicing in the Eastern District of Michigan and refer them to the state bar for further action.
“It’s time for this nonsense to end,” said Detroit attorney David Fink in a phone call with the outlet Law&Crime.
“The lawyers filing these frivolous cases that undermine democracy must pay a price,” he added.
Law&Crime notes further:
Under standard procedures for Rule 11 sanctions, opposing counsel must be granted a 21-day window to withdraw offending litigation before a request is filed in court. The motion has not yet been filed, and it was briefly tweeted out by Marc Elias, an attorney from the Washington-based firm Perkins Coie who has regularly intervened in these cases on behalf of the Democratic Party and the Biden campaign.
Elias and his firm commissioned the so-called “Russian collusion” dossier on behalf of then-Democratic presidential nominee Hillary Clinton’s campaign. The document contained a raft of salacious accusations against then-GOP nominee Donald Trump, none of which proved to be accurate.
“Plaintiffs and their counsel understood that the mere filing of a suit (no matter how frivolous) could, without any evidence, raise doubts in the minds of millions of Americans about the legitimacy of the 2020 presidential election,” said Fink’s nine-page filing.
“As this Court noted, ‘Plaintiffs ask th[e] Court to ignore the orderly statutory scheme established to challenge elections and to ignore the will of millions of voters,’” he added.
Fink’s filing comes as Smartmatic, a voting software firm, demanded that three right-leaning news outlets — Fox News, One America News, and Newsmax TV — retract “false and defamatory statements” that were allegedly made about the company.
The Florida-based company issued legal notices to each network as well as letters on Monday over allegations that the company’s software, which is used in conjunction with Dominion Voting Systems, was designed to change or otherwise adjust votes to benefit Democratic presidential nominee Joe Biden in last month’s election.
“They have no evidence to support their attacks on Smartmatic because there is no evidence. This campaign was designed to defame Smartmatic and undermine legitimately conducted elections,” Smartmatic CEO Antonio Mugica said in a statement.
“Our efforts are more than just about Smartmatic or any other company. This campaign is an attack on election systems and election workers in an effort to depress confidence in future elections and potentially counter the will of the voters, not just here, but in democracies around the world,” Mugica continued.
In his filing on behalf of Detroit, Fink he quoted a ruling by U.S. District Judge Linda Parker, an Obama appointee, who dismissed Powell’s lawsuit out of hand, declaring, “The People have spoken.”
“The right to vote is among the most sacred rights of our democracy and, in turn, uniquely defines us as Americans,” Parker wrote earlier this month.
“Plaintiffs ask this court to ignore the orderly statutory scheme established to challenge elections and to ignore the will of millions of voters,” she wrote. “This, the Court cannot, and will not, do.
“This case represents well the phrase: ‘this ship has sailed,’” the ruling noted further.
Powell and co-counsel Lin Wood have filed similar lawsuits in Georgia, Wisconsin, and Arizona, and have subsequently lost each one.
“The key ‘factual’ allegations from the supposed fact witnesses, some of whom attempt to cloak their identities while attacking democracy, have been debunked,” Fink’s motion states.
“The allegations about supposed fraud in the processing and tabulation of absentee ballots by the City at the TCF Center have been rejected by every court which has considered them. If any of the claims in this lawsuit had merit, that would have been demonstrated in those cases,” it adds.
“This abuse of the legal process at the expense of states should not go unpunished.”
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