MINNEAPOLIS (Legal Newsline) – MyPillow and founder Mike Lindell have filed motions to dismiss litigation brought against them that says they defamed an election software company by claiming it helped rig the 2020 Presidential election.
They filed separate motions March 21 in Minnesota federal court in response to Smartmatic, arguing the company’s lawsuit fails because it is a public official and public figure and failed to properly plead actual malice.
The 133-page complaint fails to allege Lindell knew his statements were false, his motion says.
“Lindell and the public had a litany of sources of information questioning the vulnerabilities of electronic voting machines – this is not a new topic of public debate. “The complaint, which amounts to nothing more than ‘Mike Lindell said things we disagree with,’ is, therefore, insufficient to maintain a defamation cause of action.”
Meanwhile, the MyPillow motion makes many of the same arguments, adding that MyPillow can’t be held liable for any statement Lindell made.
“The complaint does not plead that any of the allegedly defamatory statements were published on a MyPillow website or social media account,” its motion says.
“It does not plead that the MyPillow board of directors authorized, approved, or directed any of the statements.
“It does not plead that any of the statements were communicated from MyPillow’s headquarters or any other company location. It does not plead that political activities are among Lindell’s responsibilities as a representative of MyPillow.
“It does not plead that Lindell was authorized by the corporation to engage in political commentary on its behalf. It does not plead that the MyPillow board of directors ever passed a resolution or otherwise acted to make political commentary part of Lindell’s duties.”
William Mohrman of Mohrman, Kaardal & Erickson is representing Lindell, while MyPillow is represented by attorneys at Parker Daniels Kibort and Lewis & Lewis, as well as Alan Dershowitz.
Smartmatic USA Corp. filed suit on Jan. 18, following a strategy already undertaken by Dominion Voting Machines in D.C. federal court. Smartmatic's suit says Lindell is "crazy like a fox" and is exploiting xenophobia to boost his public profile.
"After others had gone silent, Mr. Lindell spoke out about the 2020 U.S. election being stolen from President Trump. He held rallies. He went on TV. He published videos," the suit says. "Once a fixture on late night infomercials embracing his pillows, in early 2021, Mr. Lindell’s infomercials turned to spreading disinformation about the 2020 U.S. election.
"Mr. Lindell’s message was as dangerous as it was factually inaccurate."
Litigation undertaken by former prosecutor Sidney Powell and Rudy Guiliani that claimed the election was rigged for Joe Biden has backfired to the point they are on the hook for the other's sides costs in Michigan.
"Smartmatic had no role in the 2020 U.S. election outside of providing some technology, support and services to Los Angeles County," the suit says. "That is it. Yet Mr. Lindell sees fit to perpetuate a lie about the company because he wants to be seen as a champion of a deceptive message that still sells. But enough is enough.
"The country will sleep better at night knowing the judicial system holds people like Mr. Lindell accountable for spreading disinformation that deceives and harms others."