MyPillow CEO Mike Lindell faces a substantial lawsuit from Dominion Voting Systems, accusing him of defaming their company and costing the company over $1 billion.
The case isn't going very well for Lindell, however, Law.com reported Tuesday. Last week, the judge refused a motion to dismiss the trial, so Lindell's legal team is trying something different. They're attempting to bypass the trial altogether and go straight to the appeal.
This evening, Lindell's lawyers filed documents asking that their argument that Dominion was acting as the government in 2020 be taken to the appellate court. The problem is that they haven't even had the trial and gotten a ruling to appeal. Dominion contracts with some local governments, but that doesn't mean that they are the government.
"My Pillow attorneys, including Alan Dershowitz and Supreme Court veteran Nathan Lewin, argue they believe the appeals court will rule in their favor and find 'Dominion's complaint did not satisfy the most stringent actual malice requirement under New York Times v. Sullivan, which applies to a government actor operating in the context of a large public debate,'" said the report.
"This is because (a) the complaint fails to allege any personal statement or act by Michael Lindell showing that he knew his allegations concerning Dominion were false or that he recklessly disregarded the truth of his allegations, and (b) the robust public debate surrounding the subject matter of Lindell's statements affords him constitutional protection and bars any inference that he spoke with actual malice," the filing also says.
Lindell has spent the better part of the past year searching for "evidence" he says will reinstate President Donald Trump. He even went so far as to host a "cyber symposium" where he would reveal his facts that conclude Trump was actually elected in 2020. There was no evidence shown to prove that, however. He persists in his crusade, claiming that at some point, the Supreme Court will see his evidence and rule in a 9-0 decision that Trump should be reinstated. So, while Dominion could make a case that Rudy Giuliani or Sydney Powell "knew that their allegations were false," that may not be the case with Lindell, who appears to have immersed himself in the delusion.