Voting systems company Smartmatic wants MyPillow CEO Mike Lindell’s lawsuit dismissed, and accuses him of going on a ‘crusade without a claim’ by suing them for suppressing free speech

0
7

[ad_1]

MyPillow CEO Mike Lindell

Voting systems company Smartmatic said MyPillow CEO Mike Lindell was on a “crusade without a claim” in a new filing on Wednesday.Stephen Maturen/Getty Images

  • Voting systems company Smartmatic has filed for MyPillow CEO Mike Lindell’s lawsuit against them to be dismissed.

  • Smartmatic argued that Lindell’s claims against them are “fictitious,” calling the pillow CEO’s lawsuit a “stunt.”

  • Lindell sued Smartmatic in June, alleging that they tried to stifle his rights to free speech.

Voting systems company Smartmatic said MyPillow CEO Mike Lindell is on a “crusade without a claim” in a new court filing on Wednesday.

Asking the court to dismiss Lindell’s federal lawsuit against them, Smartmatic argued that Lindell’s claims against them are fictitious, calling the pillow executive’s allegations a “stunt” with “no basis in fact or law.”

“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,” wrote Smartmatic in the filing seen by Insider. “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.”

Lindell has been engaged in a legal battle with both Smartmatic and Dominion Voting Systems for the better part of the year. In June, Lindell filed a lawsuit saying that he stands to lose more than $2 billion from what he alleged was a “conspiracy and enterprise to harm him” by both companies. In the lawsuit, Lindell outlined a theory that alleged the two companies’ machines enabled voter fraud to happen.

In Wednesday’s filing, Smartmatic’s lawyers went on to note that “no court has ever found a claim based on the ‘facts’ alleged against Smartmatic.” They also argued that Lindell’s five key allegations against their company have no basis.

According to Smartmatic’s filing, some of Lindell’s claims include accusations that Smartmatic was involved in a conspiracy with Dominion Voting Systems and that Smartmatic violated Lindell’s First Amendment rights.

“These claims 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,” wrote Smartmatic’s legal representatives. “But he does not identify a single act by Smartmatic targeting or related to him, much less an act that prevented him from speaking out.”

Separately, Dominion sued Lindell in February for $1.3 billion. Lindell’s company MyPillow then filed a $1.6 billion lawsuit, accusing Dominion of trying to stifle free speech. The MyPillow CEO also attempted to have the defamation lawsuit dismissed during a hearing in June. This effort failed after US District Judge Carl J. Nichols ruled the three defamation lawsuits against Lindell and the pro-Trump lawyers Sidney Powell and Rudy Giuliani could proceed in full.

Despite the lawsuits, Lindell has continued to float claims that the election was stolen from former President Donald Trump despite there being no evidence of widespread voter fraud.

Most recently, Lindell attempted to file a Supreme Court complaint that he baselessly claims will overturn the election results. However, he failed to file the complaint because it was missing critical components, including the names and signatures of a plaintiff and counsel.

Lindell did not immediately respond to a request for comment from Insider on the progress of his case against Smartmatic.

Read the original article on Business Insider

[ad_2]

Source link