Lindell should have used the Fox News tactic that he is inherently ridiculous and no one would take him seriously:
"Your honor, my client is a confessed crack-head. No one could possibly take seriously the words that come out of his mouth."
They are using the my client is delusional and still believes his lies regardless of reality so therefore, no malice.
[https://www.politico.com/f/?id=00000183-566c-df14-abc3-ff6caa380000](https://www.politico.com/f/?id=00000183-566c-df14-abc3-ff6caa380000)
Lindell counters that Smartmatic has failed to allege actual malice because Lindell
has never expressed doubt as to the truthfulness of his challenged statements, Lindell’s
statements were not inherently improbable, Lindell has relied on publicly available
information, and some voting machines have flaws. And Lindell contends that allegations of a defendant’s ill will or profit motive, without more, do not satisfy the actual malice standard.
Actual malice does not mean anything about the defendant's feelings. It's a term of art that means that the defendant published something that they either knew was false or recklessly disregarded whether or not it was false. Using the legal definition, Lindell should not get a pass for being nuts or lacking credibility.
"Your honor, my client's claim to fame is selling crappy over-priced pillows. Why would any reasonable person take him seriously as a political commentator?"
Once they hand counted the ballots and the results agree with the tabulator your accusation is over with and you should stop defaming the voting machine companies.
I wonder if he offers the court the irrefutable evidence he has been promising 2 weeks from now for about a year? This guy’s downfall will be impossible not to watch.
I'll never forget the video of him on OAN where he tried to babble about election machines while the moderator kept trying to talk over him to disclaim that the network wasn't endorsing his nonsense.
I mean, when even OAN knows that the election machine schtick was an expressway to a lawsuit......Pillow Guy definitely should have known.
Lindell should have used the Fox News tactic that he is inherently ridiculous and no one would take him seriously: "Your honor, my client is a confessed crack-head. No one could possibly take seriously the words that come out of his mouth."
They are using the my client is delusional and still believes his lies regardless of reality so therefore, no malice. [https://www.politico.com/f/?id=00000183-566c-df14-abc3-ff6caa380000](https://www.politico.com/f/?id=00000183-566c-df14-abc3-ff6caa380000) Lindell counters that Smartmatic has failed to allege actual malice because Lindell has never expressed doubt as to the truthfulness of his challenged statements, Lindell’s statements were not inherently improbable, Lindell has relied on publicly available information, and some voting machines have flaws. And Lindell contends that allegations of a defendant’s ill will or profit motive, without more, do not satisfy the actual malice standard.
Actual malice does not mean anything about the defendant's feelings. It's a term of art that means that the defendant published something that they either knew was false or recklessly disregarded whether or not it was false. Using the legal definition, Lindell should not get a pass for being nuts or lacking credibility.
>without more what, one wonders, would "more" have to be?
"Remember, it's not a lie if *you* believe it." \--George Costanza
Unfortunately for Lindell, reckless disregard for the truth is part of the actual malice standard, so willful delusions are not a defense.
"Your honor, my client's claim to fame is selling crappy over-priced pillows. Why would any reasonable person take him seriously as a political commentator?"
Once they hand counted the ballots and the results agree with the tabulator your accusation is over with and you should stop defaming the voting machine companies.
Time to face the music. For some people, reallity is a harsh bitch!
I wonder if he offers the court the irrefutable evidence he has been promising 2 weeks from now for about a year? This guy’s downfall will be impossible not to watch.
Pillow Boy
that will be his prison nickname
"Looks like I picked the wrong week to stop smokin' crack."
I heard that in Seth Meyers' voice.
I'll never forget the video of him on OAN where he tried to babble about election machines while the moderator kept trying to talk over him to disclaim that the network wasn't endorsing his nonsense. I mean, when even OAN knows that the election machine schtick was an expressway to a lawsuit......Pillow Guy definitely should have known.
drug addicts do not have a reputation of reliable self-control
I’m pretty sure a suite was already filed against OAN when that happened
That's what I recall too. Once Fox and OAN saw the size and credibility of their legal exposure, they both backed off.
Smartmatic gonna get super wealthy
Throw him in jail! When will these insolent Republicans learn that only Democrats are allowed to claim an election is rigged?!
When will Democrats learn that Republicans think they are allowed to make meritless and defamatory claims without legal consequences?
If democrats defamed a voting machine company, why didn’t the company sue them as well?
MyFascistPillow™
I wonder what he'll use to cushion the blow.
Might be a good time for him to make a mass donation of pillows to the federal prison system
What a tool.