HOWARD KLEINHENDLER, ATTORNEY FOR SIDNEY POWELL, RESPONDS TO MEDIA ALLEGATIONS CONCERNING MOTION TO DISMISS FILED AGAINST DOMINION COMPLAINT

New York, New York March 23, 2021

Yesterday, several news media outlets cut and paste out of context portions of our motion to dismiss the Dominion complaint to “spin” a message that the election fraud allegations that Ms. Powell presented to various courts and to the public were not credible. I’d like to clarify what actually was presented to the court. First, let me be clear: any suggestion that “no reasonable person” would believe Ms. Powell or her comments on the election is false. The language these reports referred to is a legal standard adopted by the courts to determine whether statements qualify as opinions which are exempt from defamation liability.

As the DC Circuit reaffirmed just last week, there is no claim for defamation when the alleged “defamatory” statement is a legal opinion. Ms. Powell’s statements fall precisely into this category. Ms. Powell reviewed sworn affidavits, declarations, expert testimony, and other highly corroborated evidence concerning the election which Ms. Powell filed with the courts and shared publicly. She continues to stand by those opinions today. Our motion, in part, argues that the Dominion case should be dismissed because legal opinions are not grounds for defamation.

In sum, the legal standard of a technical legal defense crafted by the courts has been improperly manipulated by the media to tell a false narrative. Ms. Powell is not backing down or retracting her previous statements concerning Dominion. Dominion’s case lacks legal merit and should be dismissed in its entirety.

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