(Photo by JIM WATSON/AFP by way of Getty Images)

Yesterday, the events in Dominion Voting Systems’ defamation go well with towards numerous Trumpland figures launched a joint report on their proposed discovery schedule, and as could be anticipated while you get Rudy Giuliani, Sidney Powell, and Mike Lindell in a room collectively, it was weirder than the bar on Tatooine.

Discovery has already hit a hiccup as a result of superlawyer Rudy Giuliani says the FBI ate his homework. After his workplace was raided final spring, the feds took his gadgets and Rudy says his paperwork weren’t backed up, or maybe the FBI ate the server, or perhaps it was Hugo Chávez. Look, it’s all just a little murky.

However, Giuliani’s place is that on condition that the FBI didn’t provide Giuliani the chance to make back-up copies of the digital gadgets and/or cloud knowledge it took possession of, Giuliani objects to Plaintiffs’ suggestion that he “failed” to take care of copies of the paperwork. These digital recordsdata/knowledge are not below Giuliani’s possession, custody, or management and he’ll reply to discovery requests concerning the encompassing circumstances ought to Plaintiff propound stated discovery. Giuliani will even, to the extent doable, try and receive paperwork conscious of Dominion’s requests from the present custodian.

(Rudy is presently collaborating in a privilege overview of those paperwork, which means that he may need entry to them. But, no matter.)

And regardless of all their theories about vote fraud being roundly debunked, Rudy and Sid are nonetheless engaged in poultry coitus with regards to Dominion’s participation in a plot to steal the election. They plan to conduct discovery on the plaintiff’s “deliberate misinformation to state and federal authorities that its voting systems are stand-alone and are not connected to the internet and not subject to remote infiltration or connection,” whether or not the corporate is “owned, whether directly or indirectly, by foreign investors or state actors,” and “whether Dominion’s voting equipment was manipulated during the 2020 or other elections through malware or other manipulation of its voting equipment or voting data.”

Dominion charges the possibilities of a pre-trial settlement as low: “Given the devastating harm to Plaintiffs, the lack of remorse shown by Defendants, and the fact that many of them continue to double down on their lies, Plaintiffs do not believe any realistic possibility of settlement exists.” In this it’s joined by its competitor, Smartmatic, in addition to Hamilton Place Strategies, LLC, each of which have been dragged into this as third-party defendants by Mike Lindell.

While Powell and Giuliani insist they’ve “nothing to show remorse for and dispute that they have lied about anything.” They price the possibilities of settlement barely larger post-discovery when “Dominion realizes that its claims are without merit and that it has no damages legally attributable to Powell and Giuliani.”

So far, so loopy. But within the discovery convention crazy-off, Mike Lindell has bought Rudy and Sid beat by a rustic mile, as a result of the Pillow Man has determined that he’s simply not going to take part in discovery in any respect.

At first, Lindell and his firm MyPillow insisted that their pending attraction of the courtroom’s denial of their movement to dismiss put them in such a unique posture from the opposite defendants that they wanted to file a separate report with Dominion. This would have been a ridiculous place if the denial of a movement to dismiss was an appealable order, which it was not.

Unsurprisingly, the DC Circuit yeeted Lindell’s silly movement into the solar, however nonetheless he insists that he can’t take part in discovery as a result of perhaps he’s going to attraction this unappealable order as much as the Supreme Court. Not for nothing, however Mike Lindell threatens to go to the Supreme Court rather a lot.

In an wonderful coincidence, on January 13, the day after the plaintiffs dropped their first discovery request on Lindell, the Pillow Puffer determined that he had not been collaborating in discovery negotiations since November when the courtroom ordered the events to confer. And as a result of the required pre-trial discovery below FRCP 26(f) had not taken place, discovery couldn’t start.

By January 13, 2022, Plaintiffs, Powell, and Giuliani have been getting ready to file their remaining report when Plaintiffs acquired from Lindell and MyPillow a revised draft of the second report. Their revised draft eradicated all references to Federal Rule of Civil Procedure Rule 26(f) and Local Civil Rule 16.3(c); their place was that the Court’s order solely required them “to participate in discussions about a consolidated discovery schedule,” to not maintain a Rule 16 convention or really negotiate a schedule. Lindell and MyPillow despatched the draft with their revised language on January 13, 2022, the day following service of Plaintiffs’ First Set of Document Requests to Defendants on January 12, 2022. According to Lindell and MyPillow, so long as the Parties’ discussions weren’t a Rule 16 convention, Plaintiffs’ doc requests have been untimely.

Lindell’s precise place right here seems to be that, in case you retroactively resolve that it wasn’t a Rule 26(f) discovery convention, then you may refuse to adjust to discovery ceaselessly.


According to the opposite events, Lindell guarantees that “if this Court orders Lindell and MyPillow to participate in discovery before their appeal is fully resolved, they will also appeal that order” and that “they are seriously taking appeals from both orders all the way to the United States Supreme Court, if need be.” So everybody else on this case has agreed to submit this joint standing report, whereas “Lindell and MyPillow claimed that they will file their own report, with some other name”

Or perhaps the Supreme Court will bail him out and make Dominion pay him a gabillion {dollars} in punitive damages. You by no means know!

US Dominion Inc. v. Powell [Docket via Court Listener]

Elizabeth Dye lives in Baltimore the place she writes about legislation and politics.

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