Dominion urges judge to dismiss Mike Lindell RICO countersuit

  • Dominion has blasted MyPillow CEO Mike Lindell in a new court filing.
  • Lindell accused Dominion of forming an illegal criminal enterprise to suppress his speech.
  • Dominion says its claims are based on extreme legal theories and that its lawyers did exactly what any competent lawyer would do.

Lawyers for Dominion Voting Systems blasted MyPillow CEO Mike Lindell in a court filing on Friday, alleging he relied on “extreme theories” of the law in his countersuit against the election-tech company.

“These extreme theories, and others discussed below, are fundamentally incompatible with an open court system that parties can rely on to resolve their disputes,” Dominion lawyers wrote at the opening of Friday’s motion. “They also lack, as noted below, any legal backing.”

The filing comes amid a convoluted court battle where Dominion is trying to get the judge handling the case to dismiss a counterclaim Lindell has filed against the election tech company.

In February 2021, Dominion sued Lindell and MyPillow. He alleged that the pillow mogul defamed the company by lying about its role in the 2020 presidential election. Lindell falsely claimed that Dominion had rigged votes nationwide in a way that allowed hackers from China and Iran to tamper with the election results in favor of current President Joe Biden, and that former President Donald Trump was the real winner.

Lindell also incorrectly claimed that Dominion did it in cahoots with rival election tech company Smartmatic, which in reality was only offering the technology for one county in the 2020 election.

Last summer, a federal judge in Washington, DC, upheld Dominion’s lawsuit — as well as lawsuits against fellow election conspiracy theorists and former Trump attorneys Sidney Powell and Rudy Giuliani — allowing them to go ahead. court case. (Smartmatic and Dominion separately have several other defamation lawsuits in court.) Lindell and MyPillow are appealing this decision and have refused to release discovery information until this appeal is resolved.

mike lindell oan interview trump rally

MyPillow CEO Mike Lindell is interviewed by the One America News Network during former U.S. President Donald Trump’s rally at the Lorain County Fairgrounds in Wellington, Ohio, U.S. June 26, 2021.

Gaelen Morse/Reuters

In December, Lindell brought a counterclaim alleging that Dominion and Smartmatic colluded to rig the election.

RICO’s counterclaim also alleged that Dominion, Smartmatic and Dominion’s public relations firm, Hamilton Place Strategies, had formed a de facto illegal criminal organization designed to suppress “dissenting speech”, a reference to its false claims about the election, through the “law”.

Smartmatic urged the judge to dismiss the counterclaim and sanction Lindell’s attorneys. A lawyer for Smartmatic previously told Insider that the counterclaim “has no good faith basis in law or in fact.”

“There is no legal precedent for the claims that are being filed,” Smartmatic attorney J. Erik Connolly told Insider. “I understand that someone might throw a lot of spaghetti at the wall. But that doesn’t provide you with a factual or legal predicate for a claim.”

Dominion in January also urged the judge to dismiss the counterclaim. Friday’s filing supports that initial motion, addressing legal arguments that Lindell has offered over the ensuing months.

Lindell alleges Dominion participated in criminal racketeering. But the underlying actions he disputes, Dominion’s new filing points out, were simply sending cease-and-desist letters, filing a lawsuit against him, and talking about it with the media.

“Ultimately, neither Lindell nor MyPillow can dispute that the only conduct directed against them on which the counterclaims are based are the three categories of conduct described in Dominion’s opening brief: (1) sending three letters of cease and desist to Lindell and MyPillow; (2) sue Lindell and MyPillow; and (3) give a single interview about this lawsuit the day after it is filed and post the lawsuit materials on its website,” the Dominion lawyers wrote.

The conduct that Lindell objects to, according to Dominion lawyers, is exactly what any other competent lawyer would do.

“The easiest way to dispense with Lindell’s RICO claim is to apply the well-established and common-sense rule that RICO claims cannot be based on litigation-related activity,” Dominion’s attorneys wrote. “Courts across the country are refusing to allow such claims to proceed; to do otherwise would flood the courts with procedurally complex RICO pleadings and deter citizens from going to court to resolve their disputes in the first place.”

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