Powell that eviscerates her main defense, which is based on a distortion of the opinion doctrine to begin with,” Ted Boutrous Jr., an attorney at Gibson Dunn and an expert on defamation law, told The Daily Beast. “That seems like an extremely damaging admission from Ms.
“Threatening me is like waving a red flag in a bull’s face.”ĭominion’s suit against her should be dismissed, Powell continued, because “number one, they don't have jurisdiction over us and number two, we meant what we said and we have the evidence to back it up.”Īt the very least, the statement was a tactical error, defamation law experts say-one that could come back to haunt her in court. “I don’t think they realized that some of us litigators were going to catch on and hold their feet to the fire and expose what really happened or that they could shut us up by, say, suing me for 4.3 billion dollars in three different states,” Powell said at the panel discussion.
In a March 22 motion to dismiss in the Dominion suit, Powell’s attorneys argued that “no reasonable person would conclude that the statements were truly statements of fact” and that they are simply “her opinions and legal theories on a matter of utmost public concern.” (In the United States, statements of opinion are protected from defamation claims if they cannot be “proven as fact” or if they use “loose, figurative, or hyperbolic language which would negate the impression that the writer was seriously maintaining” a position as fact.)īut a half-hour into the panel at the Dallas Patriot Roundup late last month, Powell appeared to veer away from the defense her attorneys had set out, according to multiple videos reviewed by The Daily Beast.
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