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Smartmatic Asks Court to Dismiss MyPillow CEO’s Lawsuit


— December 9, 2021

MyPillow CEO and election conspiracy theorist Mike Lindell has long accused voting systems company Smartmatic of fixing the 2020 election, despite having absolutely no evidence.


Election technology company Smartmatic has asked a federal court to dismiss MyPillow CEO Mike Lindell’s claim against it.

In its filing, Smartmatic said that Lindell—a prominent Trump supporter and election conspiracy theorist—is one a “crusade without a claim,” effectively fabricating allegations of wrongdoing in the absence of any compelling evidence.

Smartmatic, in fact, went so far as to call Lindell’s claims wholly “fictitious,” a “stunt” with “no basis in law or fact.”

“Presenting fiction as fact outside the courtroom can result in a defamation lawsuit. Presenting fiction as fact inside the courtroom should result in dismissal and sanctions,” Smartmatic wrote. “The First Amendment allows Mr. Lindell to espouse his fictional views about the 2020 US election outside the courtroom with the understanding that he will face legal consequences for doing so. But the Federal Rules of Civil Procedure do not allow Mr. Lindell and his attorneys to present fictitious claims inside the courtroom.”

President Donald Trump on a video call in 2017. Image via: (Official White House Photo by Shealah Craighead). Public domain.

According to Business Insider, Lindell has been locked in a legal battle with both Smartmatic and Dominion Voting Systems for the better part of the past year.

If Lindell is to be believed, the two companies created a “conspiracy and enterprise to harm”—and that, without the courts’ timely intervention, he could lose up to $5 billion.

Beyond allegations of a personal attack, Lindell has repeatedly said that Smartmatic and Dominion Voting Systems facilitated voter fraud in the 2020 presidential election, culminating in Donald Trump’s loss to former Vice President Joe Biden.

Smartmatic, however, told the court that Lindell’s accusations are as nonsensical as they sound, noting that “no court has ever found a claim based on the ‘facts’ alleged against Smartmatic.”

“These claims,” Smartmatic attorneys added, “are as farcical as they appear. They are all foreclosed by existing law, and Mr. Lindell alleges no facts to satisfy their elements. Each claim also centers on the idea that Mr. Lindell was “punished” for speaking out about the 2020 US election.”

“But,” they said, “[Lindell] does not identify a single act by Smartmatic targeting or related him, much less an act that prevented him from speaking out.”

Lindell, notes Business Insider, is also facing a massive, $1.3 billion defamation lawsuit from Dominion.

While Lindell tried to have the defamation case dismissed, a U.S. district court said Dominion could pursue its claim in full.

Nevertheless, Lindell has continued to maintain that the 2020 election was “stolen,” going so far as to file a complaint with the Supreme Court—a complaint which he was later forced to discard, because he hadn’t bothered to name a plaintiff.

Sources

Mike Lindell’s lawyers said Dominion and Smartmatic’s ‘conspiracy’ against him is set to cost the MyPillow CEO more than $2 billion

The voting-systems company Smartmatic wants MyPillow CEO Mike Lindell’s lawsuit dismissed, accusing him of going on a ‘crusade without a claim’

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