It would all be a bit easier to stomach, maybe, had Powell's very specific claims not been the subject of at least four lawsuits she had filed in key battleground states in order to sway the election in Trump's favour - all of which were summarily struck down.
A former lawyer for Donald Trump who made several false claims of voter fraud in regard to the 2020 presidential election is now arguing that "no reasonable person" would have believed her conspiracy theories.
In her motion to dismiss, Powell does not argue that the statements were true.
Attorney represented Trump in a series of missing lawsuits filed to challenge the election results.
Powell said in her defense that it's impossible to hold her liable for the conspiracy theories she spread because her "opinions and legal theories" were completely unreliable.
The "Stop the Steal" disinformation campaign being waged by Trump and his allies infamously came to a head on January 6, when, outraged by their earnest belief that Trump had been cheated out of a second term, a hoard of angry supporters stormed the U.S. Capitol. Her lawsuits, filled with spelling mistakes and freaky claims, all failed in court.
Powell promised during a nationally broadcasted news conference at the Republican National Committee's headquarters in Washington, D.C., on November 19, 2020, that she would present evidence to prove her assertions. They're also arguing that Powell's claims were "hyperbole" and should be protected by the First Amendment.
Attorneys Lawrence J. Joseph, Howard Kleinhendler, and Jesse R. Binnall filed their response to Dominion's lawsuit on behalf of Powell and Defending the Republic, a fundraising vehicle she set up while promoting her failed lawsuits.
Ms Powell told a press conference that Dominion had been created in Venezuela by the late dictator Hugo Chavez to rig elections.
Powell's counsel went on to assert, "Such characterizations of the allegedly defamatory statements further support Defendants' position that reasonable people would not accept such statements as fact but view them only as claims that await testing by the courts through the adversary process".
The new filing does not address numerous points in Dominion's original lawsuit, including that Powell submitted modified documentation about the company's certificate to provide election technology in Georgia.
In its initial complaint, Dominion claimed that the lawsuit was being brought in part to ameliorate the harmful effects of those claims of fraud.